United States Ninth Circuit

In an action alleging that occupational exposure to asbestos from the dryer felts provided by defendants caused plaintiff's mesothelioma, the district court's judgment is vacated and remanded for a new trial where: 1) the district court failed to make findings of relevancy and reliability before admitting into evidence certain expert testimony; 2) this error resulted in prejudice to the defendant; 3) a reviewing court has the authority to make Daubert findings based on the record established by the district court, but here, the record was too sparse to determine whether the expert testimony was relevant and reliable.

Appellate Information

• Decided 01/15/2014
• Published 01/15/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel