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<i>Sargon</i> Update: Reforming the CA Standard for Expert Testimony

By David A. Rawi and Jules S. Zeman

For more than two years, Sargon Enterprises, Inc. v. University of Southern California, (2012) 55 Cal.4th 747 (Sargon), has been touted by various commentators as a “game-changer” in California jurisprudence. It was to be a decision ushering in Daubert “gatekeeper” functions, to enable trial courts to protect juries against junk science experts who could otherwise create unjust results. (Daubert v. Merrell Dow Pharmaceuticals, Inc., (1993) 509 U.S. 579.) While it may not have had the immediate overwhelming effect for which some had hoped, it has filled a glaring void in California jurisprudence. Many California trial courts are now regularly flexing their Sargon-empowered discretion, and Daubert -like scrutiny of expert evidence has become part of California law.

This article examines why Sargon matters, how trial and intermediate courts have so-far wielded their newly provided authority, the minor effect of two recent Supreme Court cases, and how it may be effectively used by counsel going forward.

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