Miller v. Pfizer, Inc.’s Empirical Analysis
356 F.3d 1326 · 2004
Citation profile
6 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 34 later decisions (1 by the Supreme Court) — most recently January 2025 · most notably Hammel v. Eau Galle Cheese Factory (2005), Knight
6 federal appellate · 9 district · 2 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.
Appellate journey
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · McCullock v. H.B. Fuller Co. · Dodge v. Cotter Corp. · Ambrosini v. Labarraque · United States v. Call
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) Disclosure of Expert Testimony. (A) In addition to the disclosures required by paragraph (1), a party will disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. (B) Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.”
1 later decision quote this exact passage · from the majority“We review de novo the question of whether the district court performed its gatekeeper role and applied the proper legal standard in admitting an expert’s testimony. We then review for abuse of discretion the trial court’s actual application of the gatekeeper standard in deciding whether to admit or exclude an expert’s testimony.”
1 later decision quote this exact passage · from the majority“A party that without substantial justification fails to disclose information required by Rule 26(a) or 26(e)(1) is not, unless such failure is harmless, permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed.”
1 later decision 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.