Hall v. Sykes’s Empirical Analysis

Citation profile

1 federal appellate · 5 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a treating physician forms an opinion of the causation of an injury to a patient and the prognosis of the patient’s condition during the. treatment then such opinion niay be expressed by the treating physician without the. necessity of a report under Fed.R.Civ.P. 26(a)(2)(B).... Defendants may still discover those opinions through interrogatories, requests for production of documents, and depositions of the treating physicians. However, if a physician, even though he may be a treating physician, is specially retained or employed to render a medical opinion based on factors that were not learned in the course of the treatment of the patient, then such a doctor would be required to present an expert written report.”

   1 later decision quote this exact passage
   e.g. 5 F. Supp. 2d 366 - Litman v. George Mason University

2. “The requirement of a written report in paragraph [26(a) ](2)(B), however, applies only to those experts who are retained or specially employed to provide such testimony in the case or whose duties as an employee of a party regularly involve the giving of such testimony. A treating physician, for example, can be deposed or called to testify at trial without any requirement for a written report.”

   1 later decision quote this exact passage
   e.g. Sullivan v. Glock, Inc.