Ervin v. Johnson & Johnson, Inc.’s Empirical Analysis
492 F.3d 901 · 2007
Citation profile
7 federal appellate · 4 state decisions
How this case has been cited
Cited by 60 later decisions — most recently May 2020 · most notably Mason v. Home Depot U.S.A., Inc. (2008), Myers v. Illinois Central Railroad (2010)
7 federal appellate · 4 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. · Ammons v. Aramark Uniform Services, Inc. · United States v. Hall · Ruggiero v. Warner-Lambert Co. · Durkin v. Equifax Check Services, Inc.
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
13 later decisions quote this exact passage · from the majority““Differential diagnosis generally provides a framework in which all reasonable hypotheses are ‘ruled in’ as possible causes of a medical problem and some of these possible causes are then ‘ruled out’ to the extent scientific evidence makes it appropriate to do so. The goal is to identify the last remaining, or most probable, ‘ruled in’ cause of a medical problem.””
2 later decisions quote this exact passage · from the majority“expert opinions employing differential diagnosis must be based on scientifically valid decisions as to which potential causes should be `ruled in' and `ruled out.' [Cit.]”
2 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.