Mealey's (November 6, 2020, 10:47 AM EST) -- SAN FRANCISCO — An en banc Ninth Circuit U.S. Court of Appeals ruled Nov. 5 that a circuit court panel may use its discretion to remedy a non-harmless Daubert error, overturning precedent that dictated that a panel must remand to the district court for a retrial (United States v. Bacon, No. 18-50120, 9th Cir., 2020 U.S. App. LEXIS 35038)....