Ninth Circuit -- ESTATE OF HENRY BARABIN V. ASTENJOHNSON INC

Where expert was DQ'ed pretrial but then later allowed, a Daubert hearing should have been held before letting the expert go to the jury.

Concurrence: Yes, and also explain why evidence of collateral sources of income was excluded after widow claimed destitution.

Concurrence: Yes, but no need for a new trial.  Just have the Daubert hearing and take it from there.


ESTATE OF HENRY BARABIN V. ASTENJOHNSON INC