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Tag: Expert Opinion

October 8, 2013

Wise v. DLA Piper LLP (US) (2013) 220 Cal.App.4th 1180

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Download Publication The Fourth District holds a legal malpractice plaintiff must prove an underlying judgment is collectible to establish a cause of action.  Further, the evidence to establish this must not be speculative. DLA Piper obtained a judgment for its clients Dennis Wise and Joan Macfarlane (“Wise”) against William Cheng.  Wise was advised the judgment […]

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November 26, 2012

Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747

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Download Publication The California Supreme Court re-affirms trial courts, as “gatekeepers” regarding expert testimony, may exclude testimony supporting speculative or conjectural damages. Sargon Enterprises, Inc. obtained a patent and FDA approval for a dental implant.  Sargon contracted with the University of Southern California School Of Medicine (“USC”) to perform a five-year study on use of […]

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March 14, 2001

Piscitelli v. Friedenberg (2001) 87 Cal. App. 4th 953

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Download Publication The Fourth Appellate District has ruled on five significant legal malpractice issues.  First, there is a constitutional right to a jury trial in legal malpractice cases, even if a court or arbitrator would have decided the underlying case.  Second, expert testimony on the likely result of an underlying case invades the province of the jury […]

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