Wednesday, March 27, 2013
Circuit May Do Away with 'Daubert' Do-Overs
Last fall, a Ninth Circuit panel threw out a $10 million asbestos verdict because the judge overseeing the trial didn't conduct a Daubert hearing for key expert witness testimony. Now it appears the $10 million verdict has a good chance of sticking, as the federal appeals court appears poised to create a new rule that would let trial judges reconsider Daubert errors without necessarily retrying the entire case.
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