Raising Expert Testimony Standards

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too speculative in nature.

An important part of the Sargon decision was the Court’s conclusion that “the trial court has a duty to act as a ‘gatekeeper’ to exclude speculative expert testimony.”

As one commentator recently noted, Sargon raises the issue of whether California Superior Courts must now follow stricter guidelines before admitting expert testimony, specifically guidelines similar to those used in Federal Courts. (Daubert: Coming to a Court Near You?, Daily Journal).

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