Musselman v. Phillips’s Empirical Analysis

Citation profile

1 federal appellate · 5 district · 6 state decisions

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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[In Kam,] the court held that Rule 26(a)(2)(B) requires disclosure of any information considered by á testifying expert in reaching his or her opinion, which means anything reviewed by an expert who will testify, including written or oral lawyer-expert communications, even though such information may constitute opinion work product, the court noted that this is a “bright line” rule which promotes the following policies: (1) it enables effective cross-examination of expert witnesses, which is essential to the “integrity of the truth-finding process” because “useful cross-examination and possible impeachment can only be accomplished by gaining access to all of the information that shaped or potentially influenced the expert witness’s opinion”; (2) such disclosure does not “violate the core precepts of the work product doctrine, which, at bottom, is intended to allow counsel unfettered latitude to develop new legal theories or conduct factual investigation, because, when an attorney provides work product to an expert retained to offer testimony at trial, this does not result in counsel developing new legal theories or enhance the conduct of fact investigation,” since “the work product either informs the expert as to what counsel believes are relevant facts, or seeks to influence him to render a favorable opinion”; and (3) the bright line test” actually preserves the work product privilege, because “there is no lingering uncertainty as to what documents will be disclosed. Counsel”

   1 later decision quote this exact passage
   e.g. American Fidelity Assurance Co. v. Boyer

2. “[T]he impact of expert witnesses on modern-day litigation cannot be overstated; yet, to some, they are nothing more than willing musical instruments upon which manipulative counsel can play whatever tune desired. . . . Thus, full, effective cross examination is critical to the integrity of the truth-finding process.”

   1 later decision quote this exact passage
   e.g. Elm Grove Coal Co. v. Director, Office of Workers' Compensation Programs

3. “It cannot seriously be denied that the fact that an attorney has interjected him or herself into the process by which a testifying expert forms the opinions to be testified to at trial affects the weight which the expert's testimony deserves.”

   1 later decision quote this exact passage
   e.g. Elm Grove Coal Co. v. Director, Office of Workers' Compensation Programs