Even Though Expert Had Previously Testified In Asbestos Cases, A Daubert Hearing Was Required.

An expert witness testified in federal court that a plaintiff’s exposure to asbestos for 20 years at a paper mill caused his mesothelioma. The defendant filed a motion in limine to exclude the expert testimony, which the trial court denied because the doctor had previously testified in other asbestos cases. A jury awarded $10,200,000 to the plaintiff. The Ninth Circuit reversed because the trial court failed to fulfill its obligations regarding the admission of expert testimony required under Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) 509 U.S. 579, [113 S.Ct. 2786; 125 L.Ed.2d 469]. Barabin v. AstenJohnson, Inc.  (Ninth Cir.; November 16, 2012) (Case No’s. 10-36142, 11-35020).