More Gatekeeper Roles And Obligations For Trial Courts

Law360, New York (January 3, 2013, 1:15 PM EST) -- A recent California Supreme Court opinion expands the trial court’s “gatekeeping” function, adopting a Daubert-like standard for admission of expert testimony.

In Sargon Enterprises Inc. v. University of Southern California (Sargon), the California Supreme Court unanimously affirmed the trial court’s exclusion of an expert economist who opined that the plaintiff, a three-person medical device startup, was destined to become an industry leader, had the defendant not breached a contract to conduct a five-year clinical trial study of the plaintiff’s device, a dental implant. The plaintiff’s expert...
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