Intellectual Property
Jan. 5, 2023
Is Kelly a basis independent of Sargon to challenge a novel scientific theory?
That issue is discussed at length in the recent First District Court of Appeals decision, Bader v. Johnson & Johnson et al.
Can an expert opinion, expressing a novel scientific theory but not utilizing a novel scientific methodological technique or process, pass muster under Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747 (Sargon) yet be inadmissible under People v. Kelly (1976) 17 Cal.3d 24 (Kelly)? That issue is discussed at length in the recent First District Court of Appeals decision, Bader v. Johnson & Johns...
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