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News Posted on December 6, 2012

Professor Imwinkelried Cited in California Supreme Court Evidence Decision

A scholarly article co-authored by Professor Edward Imwinkelried was cited several times in a recent California Supreme Court opinion regarding the admissibility of expert testimony in Sargon Enterprises v. University of Southern California

The case concerns a lawsuit filed by the dental implant company alleging that the university breached a contract to clinically test an implant the company had developed.  The company claims that, but for this breach of contract, it would have become a worldwide leader and made more than a billion dollars.  Following an evidentiary hearing, the trial court excluded as speculative expert testimony supporting this claim.  On November 26, the California Supreme Court reversed a California Court of Appeal decision and ruled that the trial court acted properly in excluding the testimony.  The opinion quotes Professor Imwinkelried's article "Evidence Code Section 802: The Neglected Key to Rationalizing the California Law of Expert Testimony," written with Professor David L. Faigman of UC Hastings College of the Law and published in Loyola of Los Angeles Law Review in 2009.

California Supreme Court opinion: Sargon Enterprises v. University of Southern California

"Evidence Code Section 802: The Neglected Key to Rationalizing the California Law of Expert Testimony"