Appeal results in multimillion-dollar asbestos verdict reversal.
Marshall Dennehey's appellate attorneys convinced the Pennsylvania Superior Court to reverse a multimillion-dollar asbestos verdict on two bases and remand for a new trial on liability and damages. In its 2-1 panel decision, the Superior Court awarded a new trial on liability because the testimony of the plaintiff's expert was invalid under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923) as applied to asbestos cases by the Pennsylvania Supreme Court in Betz v. Pneumo Abex, LLC, 44 A.3d 27 (Pa. 2012). The Superior Court further held that a new trial on damages was required because, in his closing argument, the plaintiff's lead counsel improperly suggested specific dollar amounts for the award of noneconomic damages, a violation of Pennsylvania law.