Sher v. De Haven’s Empirical Analysis
199 F.2d 777 · 1952
Citation profile
41 federal appellate · 5 district · 19 state decisions
How this case has been cited
Cited by 73 later decisions — most recently January 2004 · most notably Jenkins v. United States (1962), Westinghouse Electric Corp. v. City of Burlington (1965)
41 federal appellate · 5 district · 19 state decisions
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
Applies 28 U.S.C. § 1
Relies on Hickman v. Taylor · Palmer v. Hoffman · Kaplan v. Manhattan Life Ins. Co. of New York · Carter v. Baltimore & O. R. Co.
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] physician is not incompetent to testify as an expert merely because he is not a specialist in the particular field of which he speaks.”
2 later decisions quote this exact passage“(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.”
1 later decision quote this exact passagee.g. Buffington v. Wood“The statutory privilege extends not only to information orally given by the patient to the physician, but also to any information obtained by him in his professional capacity, which of course includes information obtained through his observation or examination of the patient as well as all inferences and conclusions drawn therefrom.”
1 later decision quote this exact passagee.g. State v. Comeaux
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.