87 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,284 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  2. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,612 times   28 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
  3. General Electric Co. v. Joiner

    522 U.S. 136 (1997)   Cited 4,861 times   41 Legal Analyses
    Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
  4. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,230 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  5. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,180 times   80 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim
  6. In re Paoli R.R. Yard PCB Litigation

    35 F.3d 717 (3d Cir. 1994)   Cited 2,110 times   8 Legal Analyses
    Holding an expert's testimony unreliable because he did not consider alternative causes
  7. Miles v. Merrill Lynch & Co.

    471 F.3d 24 (2d Cir. 2006)   Cited 768 times   20 Legal Analyses
    Holding that district court must make a "definitive assessment of Rule 23 requirements" and "resolve[] . . . factual disputes relevant to each Rule 23 requirement"
  8. Amorgianos v. National R.R. Passenger Corp.

    303 F.3d 256 (2d Cir. 2002)   Cited 858 times   2 Legal Analyses
    Holding that we undertake a Daubert analysis "without regard to the conclusions the expert has reached or [our] belief as to the correctness of those conclusions"
  9. Nimely v. City of New York

    414 F.3d 381 (2d Cir. 2005)   Cited 759 times
    Holding that the district court erred in admitting testimony of an expert who "stated that he ‘rejected’ the possibility that [law-enforcement witnesses] had lied, and explained various reasons why police officers have no incentive to give false statements in excessive force cases"
  10. In re TMI Litigation

    193 F.3d 613 (3d Cir. 1999)   Cited 755 times   4 Legal Analyses
    Holding that a District Court properly excluded expert testimony where the sole basis for the testimony was summaries prepared by a party's attorney
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,949 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,923 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,655 times   255 Legal Analyses
    Adopting the Daubert standard
  14. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,395 times   34 Legal Analyses
    Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
  15. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,657 times   10 Legal Analyses
    Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
  16. Rule 704 - Opinion on an Ultimate Issue

    Fed. R. Evid. 704   Cited 3,024 times   12 Legal Analyses
    Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."
  17. Section 1604 - Value of property; owner as competent witness

    Vt. Stat. tit. 12 § 1604   Cited 49 times

    The owner of real or personal property shall be a competent witness to testify as to the value thereof. 12 V.S.A. § 1604

  18. Section 1410 - Groundwater; right of action

    Vt. Stat. tit. 10 § 1410   Cited 5 times

    (a) Findings and policy. The General Assembly hereby finds and declares that: (1) surface and subsurface water are inherently interrelated in both quality and quantity; (2) groundwater hydrology is a science that allows groundwater quality and quantity to be mapped and forecast; (3) groundwater is a mobile resource that is necessarily shared among all users; (4) all persons have a right to the beneficial use and enjoyment of groundwater free from unreasonable interference by other persons; and (5)