In re Joint Eastern

In re Joint Eastern - In re Joint Eastern & Southern...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Facts: In action involving workplace exposure to asbestos-containing product, plaintiff appealed from order entered in the United States District Court for the Southern District of New York, Robert W. Sweet, J., 827 F.Supp. 1014, granting judgment as a matter of law in favor of defendant and disposing of various post trial motions. Appeals were taken. The Court of Appeals, José A. Cabranes, Circuit Judge, held that: (1) Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469, did not alter standard for judgment as a matter of law; (2) district court improperly undertook weighing of scientific evidence, including epidemiological evidence, in granting judgment as matter of law, and evidence was sufficient to create jury questions; (3) evidence supported finding that prime contractors and subcontractor responsible for actual spraying of asbestos fireproofing were on notice
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/01/2008 for the course POL 201 taught by Professor Berg during the Fall '07 term at Detroit Mercy.

Ask a homework question - tutors are online