Nemetz v. Aye’s Empirical Analysis

Citation profile

1 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “precludes discovery against experts who (are) informally consulted in preparation for trial, but not retained or specially employed.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ager v. Stormont-Vail Hospital · Ager v. Jane C. Stormont Hospital & Training School for Nurses

2. “(4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A)(i) A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, (ii) Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivision (b)(4)(C) of this rule, concerning fees and expenses as the court may deem appropriate. (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Sinking of Barge "Ranger I"

3. “(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to. the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party including ... the identity and location of persons having knowledge of any discoverable matter.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Sinking of Barge "Ranger I"