Litigation
Apr. 26, 2013
Expert practice update: Sargon gatekeeping in action
Defense lawyers responded to the decision with cautious optimism, but one question lingered: How would California trial courts fulfill the Supreme Court's gatekeeping mandate in practice? By Catherine M. Krow
For years, California has been considered a safe haven for weak expert testimony. The main culprit in this quagmire was Roberti v. Andy's Termite and Pest Control, 113 Cal. App. 4th 893 (2003), an outlier decision that opened the floodgates for speculative expert evidence in California a decade ago. Roberti was the bane of the defense bar for years because it (incorrectly) suggested that California trial courts should not s...
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