Brookover v. Mary Hitchcock Memorial Hospital’s Empirical Analysis
893 F.2d 411 · 1990
Citation profile
20 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2018 · most notably United States v. Saccoccia (1995), Woodman v. Haemonetics Corp. (1995)
20 federal appellate · 4 district · 3 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
Applies 28 U.S.C. § 2072 · 28 U.S.C. § 2111
Relies on Carnegie v. United States · Nantahala Power & Light Co. v. Thornburg · Roemer v. United States · Southland Corp. v. United States · Young v. United States ex rel. Vuitton
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The bulk of modern authority holds that personal knowledge is not required for agent’s admissions, although some cases treat the question as remaining open. The few scraps of legislative history that bear on the question support the conclusion that personal knowledge is not required. The ACN [Advisory Commit tee Note] accompanying Fed.R.Evid. 602 indicates that a witness who testifies about an out-of-court statement must have knowledge about “the making of the statement,” and one might expect a comment that hearsay declarants are witnesses and need personal knowledge if this result were intended, but no such comment appears. More persuasively, the ACN to Fed.R.Evid. 801(d)(2) comments approvingly about “freedom” that admissions enjoy “from the restrictive influences of the opinion rule and the rule requiring firsthand knowledge,” which implies that personal knowledge is not required for admissions.”
1 later decision quote this exact passage · from the majority“A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.”
1 later decision quote this exact passage · from the majority“[n]o single factor is dispositive on the issue of whether evidence should be admitted under the residual exception. The district judge must evaluate all of the factors....”
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.