Permitting Expert Testimony A Judge Is Taken To Task For Leaving The Gate Unguarded.

In an asbestos action in federal court, a jury awarded damages totaling $10.2 million. An en banc Ninth Circuit vacated the judgment and remanded the matter for a new trial.  The issue on appeal was the trial court’s permitting two expert witnesses to testify. The appeals court concluded: “The district court failed to make findings of relevancy and reliability before admitting into evidence the expert testimony of [two plaintiffs’ experts] and expert testimony regarding the theory that ‘every asbestos fiber is causative.’ The district court’s failure to make these gateway determinations was an abuse of discretion. The error was prejudicial because the erroneously admitted evidence was essential to the [plaintiffs’] case. Due to the district court’s abdication of its role as gatekeeper and the severe prejudice that resulted from the error, the appropriate remedy is a new trial.” (Estate of Henry Barabin v. Scapa Dryer Fabrics, Inc. (Ninth Cir.; January 15, 2014) 740 F.3d 457.)