Pro-Defense Lockheed Gatekeeper Decision -- Gone for Good

I blogged a couple of times (here and here) and in a white paper about the Court of Appeals' decision in Lockheed Litigation Cases, where, despite the fact that Daubert has never been adopted in this state, the Court suggested that the courts might have a meaningful gate-keeper role when it came to the admissibility of expert testimony.   The Cal Supremes granted review (which takes the decision off the books, making it unciteable) then dismissed the review because there were too many justices disqualifying themselves from the case.

The defendants, Exxonmobile and Union Oil (now part of Chevron), asked the Supreme Court to at least reinstate the published opinion.  "Nope" said the Court yesterday.  So for the defendants, it's still a win.  For all other defendants facing junk scientists, the case has no precedential value.  More at Legal Pad here.

Off-Topic Post

It seems like almost all my off-topic posts are about music, and sometimes I think I should change the "About" section of the blog to indicate the subjects are California litigation, jazz and blues. 

Anyway, Ike Turner passed this week.  By most accounts -- particularly his ex-wife Tina's -- a genuinely bad guy for much of his life, he still played an awfully important role in the birth of Rock 'n Roll.  I saw the Ike & Tina Review once, in 1970, and there was nothing like it for raw energy, sex and soul music.  Ike may have been the Svengali, but as a reminder of who the talent was, here's a TNT clip from the mid-1960's: