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In re Joint Eastern

In re Joint Eastern - In re Joint Eastern Southern Dist...

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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
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