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Expert Analysis

California's Evolving Standard On Expert Opinion Evidence

By Peter Choate and William Dance (February 21, 2018, 11:34 AM EST) -- In Sargon Enterprises Inc. v. University of Southern California,[1] the California Supreme Court clarified the standards that govern the admissibility of expert opinion testimony under California Evidence Code sections 801(b) and 802. As the Supreme Court explained, a trial court must act as "a gatekeeper" under sections 801(b) and 802 "to exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (2) based on reasons unsupported by the material on which an expert relies or (3) speculative."[2]...

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