51 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,238 times 224 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Bragdon v. Abbott
524 U.S. 624 (1998) Cited 1,640 times 5 Legal Analyses
Holding that DOJ's administrative guidance on ADA compliance is entitled to deference
Nissan Fire Marine Ins. Co. v. Fritz Co.
210 F.3d 1099 (9th Cir. 2000) Cited 4,316 times
Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
Orr v. Bank of America, NT & SA
285 F.3d 764 (9th Cir. 2002) Cited 3,075 times
Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"
Arpin v. Santa Clara Valley Transp. Agency
261 F.3d 912 (9th Cir. 2001) Cited 1,782 times
Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"
Skidmore v. Swift Co.
323 U.S. 134 (1944) Cited 3,742 times 66 Legal Analyses
Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
Brumfield v. Hollins
551 F.3d 322 (5th Cir. 2008) Cited 1,075 times
Holding that defendants were due qualified immunity on plaintiffs' failure to train claims where: decedent was intoxicated when he was booked; decedent asked for help which was denied; and decedent hung himself after the denial of help
Yeti by Molly Ltd. v. Deckers Outdoor Corp.
259 F.3d 1101 (9th Cir. 2001) Cited 1,326 times
Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure
Cook ex Rel. Tessier v. Sheriff Monroe Cnty
402 F.3d 1092 (11th Cir. 2005) Cited 871 times 1 Legal Analyses
Holding that a sheriff's decisions regarding the training and supervision of their officers are discretionary functions
Westberry v. Gislaved Gummi AB
178 F.3d 257 (4th Cir. 1999) Cited 948 times 2 Legal Analyses
Holding an expert must provide some explanation of why other potential causes were not the sole cause
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,261 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,611 times 650 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,760 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,600 times 253 Legal Analyses
Adopting the Daubert standard
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,358 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"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,634 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
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,711 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Section 1365 - Citizen suits
33 U.S.C. § 1365 Cited 2,193 times 28 Legal Analyses
Granting Administrator right to intervene in citizen suits
Section 1311 - Effluent limitations
33 U.S.C. § 1311 Cited 1,967 times 47 Legal Analyses
Imposing general prohibition on "the discharge of any pollutant by any person"
Section 1342 - National pollutant discharge elimination system
33 U.S.C. § 1342 Cited 1,475 times 43 Legal Analyses
Granting EPA the authority to require a permit for such discharges
Section 122.26 - Storm water discharges (applicable to State NPDES programs, see Section 123.25)
40 C.F.R. § 122.26 Cited 183 times 39 Legal Analyses
Requiring permits for discharges from oil and gas activities that contribute to a violation of a water quality standard

Ecological Rights Foundation v. Pacific Gas and Electric Company

51 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that DOJ's administrative guidance on ADA compliance is entitled to deference

Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

Holding that abuse of discretion exists only where "evidentiary ruling was manifestly erroneous and prejudicial"

Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"

Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

Holding that defendants were due qualified immunity on plaintiffs' failure to train claims where: decedent was intoxicated when he was booked; decedent asked for help which was denied; and decedent hung himself after the denial of help

Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

Holding that a sheriff's decisions regarding the training and supervision of their officers are discretionary functions

Holding an expert must provide some explanation of why other potential causes were not the sole cause

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Adopting the Daubert standard

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"

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

Requiring lay opinion testimony to be "rationally based on the witness's perception"

Granting Administrator right to intervene in citizen suits

Imposing general prohibition on "the discharge of any pollutant by any person"

Granting EPA the authority to require a permit for such discharges

Requiring permits for discharges from oil and gas activities that contribute to a violation of a water quality standard