Supreme Court of California
Sargon Enterprises, Inc. v. Univ. of S. California, S191550
In plaintiff's suit against a university for breach of contract for the university to clinically test a new implant the plaintiff's company had patented, seeking damages for lost profits on the ground that but for the university's breach of the contract, plaintiff would have become a worldwide leader in the dental implant industry and made many millions of dollars in profit, the judgment of the court of appeal, holding that the trial court erred in excluding expert testimony regarding lost profits, is reversed where the trial court has the duty to act as a "gatekeeper" to exclude speculative expert testimony, and here, the court acted within its discretion when it excluded opinion testimony that plaintiff would have become extraordinarily successful had the university completed the clinical testing.
Appellate Information
- Decided 11/26/2012
- Published 11/26/2012
Judges
- Chin
Court
- Supreme Court of California