Question $35$

Henry Barabin was exposed to asbestos at a paper mill that used dryer felts containing asbestos.

Barabin was diagnosed with rare lung cancer whose known cause was exposure to asbestos. In a

lawsuit the District Court did not apply a Daubert Hearing to determine if one of the witness's

testimonies was credible. Instead the court allowed the jury to determine if the testimony was credible.

If there is a requirement of the Daubert Hearing under law,

A court can decided whether that hearing will occur prior to the expert's testimony or if the jury can decide if the

expert's testimony is qualified.

The court violated the law in not allowing the Daubert Hearing, and the case will have to be retried.

Daubert Hearings have been held unconstitutional by the U$.$S$.$ Supreme Court.