Troupe v. McAuley’s Empirical Analysis
2007
Citation profile
29 state decisions
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · Frye v. United States · 863 So. 2d 31 - Mississippi Transp. Comm'n v. McLemore · Poole Ex Rel. Poole v. Avara
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ i]f scientific, [ 44 ] technical, or other specialized knowledge[ 45 ] will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”
3 later decisions quote this exact passage · from the majority“To present a prima facie case of medical malpractice, a plaintiff, (1) after establishing the doctor-patient relationship and its attendant duty, is generally required to present expert testimony (2) identifying and articulating the requisite standard of care; and (3) establishing that the defendant physician failed to conform to the standard of care. In addition, (4) the plaintiff must prove the physician’s noncompliance with the standard of care caused the plaintiffs injury, as well as proving (5) the extent of the plaintiffs damages.”
2 later decisions quote this exact passage · from the majoritye.g. Bolton v. Weiner · Hill v. Mills“[t]he trial judge has the sound discretion to admit or refuse expert testimony; an abuse of discretion standard means the judge's discretion will stand unless the discretion he used is found to be arbitrary and clearly erroneous.”
2 later decisions 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.