937 F. Supp. 2d 390 - Davis v. Carroll’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “(1) whether a theory or technique can be (and has been) tested, (2) whether the theory or technique has been subjected to peer review and publication, (3) a technique’s known or potential rate of error, and the existence and maintenance of standards controlling the technique’s operation, and (4) whether a particular technique or theory has gained general acceptance in the relevant scientific community.”

   3 later decisions quote this exact passage · from the majority
   e.g. Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co. · Fort Worth Employees' Retirement Fund v. J.P. Morgan Chase & Co.

2. “(1) that the testimony is grounded on sufficient facts or data; (2) that the testimony 'is the product of reliable principles and methods'; and (3) that 'the witness has applied the principles and methods reliably to the facts of the case.' " Amorgianos , 303 F.3d at 265 (quoting Fed. R. Evid. 702). These factors, however, are not exclusive or unyielding-the inquiry is a "flexible”

   1 later decision quote this exact passage · from the majority
   e.g. 376 F. Supp. 3d 232 - Nicholas v. Bratton

3. “In such cases, where a proposed expert witness bases her testimony on practical experience rather than scientific analysis, courts recognize that '[e]xperts of all kinds tie observations to conclusion through the use of what Judge Learned Hand called 'general truths derived from ... specialized experience.'”

   1 later decision quote this exact passage · from the majority
   e.g. 365 F. Supp. 3d 266 - Walker v. Schult