Phillips v. Industrial MacHine’s Empirical Analysis
1999
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently August 2013 · most notably Schafersman v. Agland Coop. (2001), Frauendorfer v. Lindsay Manufacturing Co. (2002)
30 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
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · General Electric Co. v. Joiner · Frye v. United States · Paul v. A. Levy & J. Zentner 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To say that Daubert is less restrictive of expert evidence, to say that it opens the door for the introduction of expert evidence that would not have been admissible under the Frye test, is not to say that Daubert’s test is an easier test. It may be more lenient in that it allows more — and more novel — science into evidence, but it can be much more difficult in that the Daubert test can require a more exacting, expensive, and time consuming foundation. On the one hand, more science comes in. Science does not have to be generally accepted by other scientists to be admissible in court; the universe of admissible science is expanded by doing away with the general acceptance requirement. On the other hand, less science comes in. The trial judge is to act as gatekeeper and is to scrutinize carefully the proffered scientific evidence and to keep out what is not good science. The universe of science actually admitted may be contracted by the close scrutiny judges are supposed to give this evidence. While it may be that most science generally accepted in the relevant scientific community will be good science, it is not necessarily so.”
1 later decision quote this exact passage · from the concurrence“[t]he concern about “junk science” expressed in Carter, supra, now also weighs in favor of adopting the Daubert/Kumho Tire standards. The “gatekeeper” function exercised by trial courts under the Daubert/Kumho Tire analysis is, in fact, a more effective means of excluding unreliable expert testimony than is the Frye test. The experience in jurisdictions which have adopted the Daubert standards suggests that the admission of so-called “junk science” evidence is a minimal risk.”
1 later decision quote this exact passage · from the concurrence
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.