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ESTATE OF BARABIN v. ASTENJOHNSON, INC.

Nos. 10-36142, 11-35020.

740 F.3d 457 (2014)

ESTATE OF HENRY BARABIN; Geraldine BARABIN, personal representative, Plaintiffs-Appellees, v. ASTENJOHNSON, INC., Defendant-Appellant. Estate of Henry Barabin; Geraldine Barabin, personal representative, Plaintiffs-Appellees, v. ASTENJOHNSON, Inc., Defendant, and Scapa Dryer Fabrics, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2014.

Attorney(s) appearing for the Case

Michael B. King (argued) and Emilia L. Sweeney , Carney Badley Spellman P.S., Seattle, WA, for Defendant-Appellant AstenJohnson.

Mary H. Spillane and Daniel W. Ferm , Williams, Kastner & Gibbs PLLC, Seattle, WA, for Defendant-Appellant Scapa.

Cameron O. Carter , Brayton Purcell LLP, Portland, OR; Philip A. Talmadge (argued) and Sidney Tribe , Talmadge/Fitzpatrick PLLC, Tukwila, WA; and Alan R. Brayton , Gilbert L. Purcell , Lloyd F. LeRoy , James P. Nevin , and Richard M. Grant , Brayton Purcell LLP, Novato, CA, for Plaintiffs-Appellees.

Opinion by Judge N.R. SMITH; Partial Concurrence and Partial Dissent by Judge NGUYEN.

OPINION

N.R. SMITH, Circuit Judge:

This case requires us to once again consider the district court's admission of expert testimony at trial. We review the admission of expert testimony at trial for an abuse of discretion. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir.2010). If the district court improperly admitted the expert testimony, we apply harmless error review to determine whether its decision must be reversed...

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