(CN) - The full 9th Circuit will convene to decide whether a man who developed mesothelioma after working for decades in a Washington paper mill deserves a new trial.
A three-judge panel of the federal appeals court had previously decided to toss a $10 million judgment for Henry Barabin, who worked at the Crown-Zellerbach paper mill from 1968 to 2001. Up until 1984 Barabin regularly worked around dryer felts containing asbestos, supplied to plant by AstenJohnson Inc. and Scapa Dryer Fabrics Inc. He was diagnosed in 2006 with pleural malignant epithelial mesothelioma and later sued both companies in the Western District of Washington.
After a jury ruled for Barabin and awarded $9.3 million in damages, AstenJohnson and Scapa argued that the improper admission of expert testimony required the court to conduct a new trial.
The 9th Circuit had agreed, reversed the judgment and ordered a new trial in November 2012. With a short order published late Monday, Chief Judge Alex Kozinski said the 9th Circuit would convene an 11-judge, en banc panel to rehear the case.
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