97 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,335 times   228 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,900 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  3. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,647 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  4. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,638 times   30 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
  5. General Electric Co. v. Joiner

    522 U.S. 136 (1997)   Cited 4,871 times   42 Legal Analyses
    Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
  6. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,886 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  7. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,184 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
  8. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,107 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
  9. Myers v. Hertz Corp.

    624 F.3d 537 (2d Cir. 2010)   Cited 1,221 times   6 Legal Analyses
    Holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the "pendency of the action and of their opportunity to opt-in as represented plaintiffs"
  10. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    43 F.3d 1311 (9th Cir. 1995)   Cited 1,285 times   4 Legal Analyses
    Holding that expert testimony was inadmissible based on its unreliable methodology notwithstanding "the impressive qualifications of plaintiffs' experts"
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,993 times   1236 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"
  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,717 times   256 Legal Analyses
    Adopting the Daubert standard
  13. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,805 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  14. 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)