Westberry v. Gislaved Gummi AB’s Empirical Analysis
178 F.3d 257 · 1999
Citation profile
72 federal appellate · 36 district · 51 state decisions
How this case has been cited
Cited by 331 later decisions (2 by the Supreme Court) — most recently January 2026 · most notably United States v. Frazier (2004), United States v. Moreland (2006)
72 federal appellate · 36 district · 51 state decisions — followed in 26 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · Koon v. United States · General Electric Co. v. Joiner · Brown v. Southeastern Pennsylvania Transportation Authority
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 331 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A reliable differential diagnosis typically, though not invariably, is performed after “physical examinations, the taking of medical histories, and the review of clinical tests, including laboratory tests,” and generally is accomplished by determining the possible causes for the patient’s symptoms and then eliminating each of these potential causes until reaching one that cannot be ruled out or determining which of those that cannot be excluded is the most likely.”
29 later decisions quote this exact passage · from the majority“[a] differential diagnosis that fails to take serious account of other potential causes may be so lacking that it cannot provide a reliable basis for an opinion on causation.”
17 later decisions quote this exact passage · from the majority“); see also Federal Judicial Center, Reference Manual on Scientific Evidence 34 (2d. ed.2000) (noting that”
12 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.