Weaver v. Mann’s Empirical Analysis

Citation profile

7 district · 14 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, plaintiff does not claim that this information is protected by the physician-patient privilege and concedes that the privilege is waived. What is objected to is the manner in which the information was obtained. The federal rules provide several avenues by which discovery of examining physicians may be obtained. If the physician is expected to be called as an expert witness, certain information can be obtained by way of interrogatories pursuant to Rule 26(b)(4)(A). If the plaintiff submits to an adverse medical examination under Rule 35 and the plaintiff requests a copy of the examination results defendant is then entitled to receive medical reports of plaintiff's examining physicians. Furthermore, as provided in Rule 35(b)(3), a deposition can be taken of a physician. However, it appears that the practice of engaging in private conversations with plaintiff's physicians is not contemplated by the rules, and as plaintiff suggests, could lead to discouraging such physicians from testifying. [Citations omitted.]”

   2 later decisions quote this exact passage
   e.g. Bohrer v. Merrill-Dow Pharmaceutical, Inc. · 566 So. 2d 529 - Franklin v. Nationwide Mut. Fire Ins. Co.

2. “defense counsel's private contact with plaintiff's doctors”

   1 later decision quote this exact passage
   e.g. 566 So. 2d 529 - Franklin v. Nationwide Mut. Fire Ins. Co.