Hill v. Mills’s Empirical Analysis

Citation profile

1 federal appellate · 18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In contrast to Poole , the subject matter of the expert opinion in the case before us today has been extensively explored and documented, and one hundred percent of documentation presented to the trial judge contradicts [the medical expert’s] opinion. Thus, we cannot say that the trial judge abused his discretion in finding that, under Rule 702, [the medical expert’s] opinions ... were unreliable and inadmissible. We restate for emphasis that, when the reliability of an expert’s opinion is attacked with credible evidence that the opinion is not accepted within the scientific community, the proponent of the opinion under attack should provide at least a minimal defense supporting the reliability of the opinion. The proponent of the expert cannot sit on the side lines and assume the trial court will ignore the unrebutted evidence and find the expert’s opinion reliable. Were we automatically to allow introduction of expert opinions which are based upon nothing more than personal experience in cases where those opinions are contradicted in the scientific literature, we would effectively render Rule 702 and Dckubert a nullity.”

   3 later decisions quote this exact passage
   e.g. King v. Singing River Health System · 246 So. 3d 956 - Valerie J. Yerks v. Elizabeth A. Trest

2. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”

   2 later decisions quote this exact passage
   e.g. 99 So. 3d 248 - Buckley v. Singing River Hospital · 146 So. 3d 365 - Buckley v. Singing River Hospital

3. “Patterson is correct in her assertion that lack of consensus among sources does not automatically render an expert opinion inadmissible. An offered opinion that has been contradicted by published and peer-reviewed data, however, must be supported by some evidence of support and acceptance in the scientific community. Patterson has failed to meet this standard. Accordingly, the trial court did not abuse its discretion in excluding the expert witnesses’ testimony....”

   1 later decision quote this exact passage
   e.g. King v. Singing River Health System