Olin Corp. v. Smith’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• the extent to which the theory has been or can be tested; • the extent to which the technique relies upon the subjective interpretation of the expert; • whether the theory has been subjected to peer review and/or publication; • the technique’s potential rate of error; • whether the underlying theory or technique has been generally accepted as valid by the relevant scientific community; and • the non-judicial uses which have been made of the theory or technique.”

   1 later decision quote this exact passage
   e.g. Allison v. Fire Insurance Exchange

2. “Opinion testimony does not establish any material fact as a matter of law and is never binding on the trier of fact.”

   1 later decision quote this exact passage
   e.g. American Interstate Insurance Co. v. Hinson