Aguilar, et al. v. ExxonMobil Corporation, et al.

Case Updates

Citing conflicts of interest among its members, the California Supreme Court vacated its grant of review.

NCLC pressed the California Supreme Court to ensure the reliability of expert witness testimony by applying the rigorous evidentiary standard announced by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals. While recognizing that the California Supreme Court has previously declined to adopt the standard as to testimony based on novel scientific techniques (instead employing the Kelley/Frye approach), NCLC argued that failure to adopt the Daubert approach as to non-novel scientific testimony would leave such testimony “subject to no reliability screening at all.”