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← 709 SO2D 552 - Berry v. CSX Transp., Inc.

Berry v. CSX Transp., Inc.’s Empirical Analysis

1998

Citation profile

26
cited by 26 later decisions
6
states following
July 2018
most recently cited

25 state decisions

How this case has been cited

Cited by 26 later decisions — most recently July 2018 · most notably 160 So. 3d 1251 - Frank Special v. West Boca Medical Center (2014), King v. Burlington Northern Santa Fe Ry. Co. (2009)

25 state decisions

170199820002010decided

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

Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)

Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · General Electric Co. v. Joiner · Frye v. United States · DiCarlantonio v. United States · Kachina Plywood, Inc. v. Hurt

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

  1. “when the expert's opinion is well-founded and based upon generally accepted scientific principles and methodology, it is not necessary that the expert's opinion be generally accepted as well.”
    5 later decisions quote this exact passage · from the concurrence
  2. “Although the trial court must analyze the science and not merely the qualifications, demeanor or conclusions of experts, the court need not weigh or choose between two legitimate but conflicting scientific views. The court instead must assure itself that the opinions are based on relevant scientific methods, processes, and data, and not upon an expert's mere speculation.... [I]t is important to emphasize that the weight to be given to stated scientific theories, and the resolution of legitimate but competing scientific views, are matters appropriately entrusted to the trier of fact.”
    3 later decisions quote this exact passage · from the concurrence
  3. “The court ... must assure itself that the opinions are based on relevant scientific methods, processes, and data, and not upon an expert's mere speculation.... [I]t is important to emphasize that the weight to be given to stated scientific theories, and the resolution of legitimate but competing scientific views, are matters appropriately entrusted to the trier of fact.”
    3 later decisions 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.