A proponent of expert testimony must always establish the admissibility criteria of Rule 702 by a preponderance of the evidence. There is no presumption in favor of admission, and the reliability test may also be applied to an expert’s reasoning process.
Cases of Interest
5
Jun
Jun
The court of appeals stated that exculpatory agreements in recreational sports do not implicate the public interest and are, therefore, not void as against public policy.
7
May
May
Uninsured motorist arbitration is not an action under Code Civ. Proc., § 22, and Cal. Rules of Court, rule 1.6, nor is it a special proceeding under Code Civ. Proc., § 23, in the absence of a judicial remedy.
24
Apr
Apr
“The standard of care imposed upon school personnel in carrying out this duty to supervise is identical to that required in the performance of their other duties. This uniform standard to which they are held is that degree of care which a person of ordinary prudence, charged with [comparable] duties, would exercise under the same circumstances.” C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 869.)
24
Apr
Apr
The assumption of the risk doctrine applies to plaintiffs injured by an inherent risk of a sport, irrespective of whether the specific injury itself was inherent to the sport.
What is inherent is determined by the conduct or condition necessary to engage in the sport.