context: The court of appeals for the Second Circuit held that the report was relevant to the issue of the defendant's notice of the possible dangers of asbestos even though the defendant had not seen the unpublished report because the jury could use the report in deciding whether the defendant "should have known of the information comprising the contents of the report."
citation_a.signal: cf.
citation_a.identifier: 847 F.Supp. 1086, 1095
citation_a.parenthetical: regarding "state of the art" defense: "Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged."
citation_a.sentence: See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996).
citation_b.signal: see
citation_b.identifier: 765 F.2d 456, 465
citation_b.parenthetical: minutes of committee meetings of Asbestos Textile Institute admissible to show "state of the art," absent showing that defendant either was a member of the institute or had knowledge of its meetings
citation_b.sentence: See, e.g., Dunn v. HOVIC, 1 F.3d 1362, 1369-70 (3d Cir.1993); King v. Armstrong World Industries, Inc., 906 F.2d 1022, 1025 (5th Cir.1990); Dartez. v. Fibreboard Corp., 765 F.2d 456, 465 (5th Cir.1985) (minutes of committee meetings of Asbestos Textile Institute admissible to show “state of the art,” absent showing that defendant either was a member of the institute or had knowledge of its meetings); cf. In re New York Asbestos Litigation, 847 F.Supp. 1086, 1095 (S.D.N.Y.1994) (regarding “state of the art” defense: “Scientific discoverability, rather than actual knowledge, is the standard by which the relevancy of such evidence is to be judged.”), aff'd in part and vacated in part, 72 F.3d 1003 (2d Cir.1995), vacated on other grounds, 518 U.S. 1031, 116 S.Ct. 2576, 135 L.Ed.2d 1091 (1996).