Swink v. Cooper’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that HRE [Rules] 703 and 705[ 17 ] do not foreclose an expert witness from revealing, in the course of direct examination, the contents of the materials upon which he or she has reasonably relied—hearsay though they may be—in order to explain the basis of his or her opinion, provided, of course, that (1) the expert has actually relied on the material as a basis of the opinion, (2) the materials are “of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject,” and (3) the materials do not otherwise “indicate a lack of trustworthiness.””

   1 later decision quote this exact passage
   e.g. Estate of Klink Ex Rel. Klink v. State

2. “based” his “opinions” on "medical records, clinical notes, and operative reports of [doctors], and the medical records of [a doctor,]” which were “admitted into evidence during the trial”

   1 later decision quote this exact passage
   e.g. Steigman v. OUTRIGGER ENTERPRISES, INC.