25 Cited authorities

  1. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,615 times   28 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
  2. Reilly v. Natwest Mkts. Grp. Inc.

    181 F.3d 253 (2d Cir. 1999)   Cited 690 times   5 Legal Analyses
    Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"
  3. McCullock v. H.B. Fuller Co.

    61 F.3d 1038 (2d Cir. 1995)   Cited 490 times   1 Legal Analyses
    Holding that "[d]isputes as to the strength of [expert'] credentials, faults in his use of differential etiology as a methodology, or lack of textual authority for his opinion, go to the weight, not the admissibility, of his testimony."
  4. Smith v. Lightning Bolt Productions, Inc.

    861 F.2d 363 (2d Cir. 1988)   Cited 403 times
    Holding "it would be prejudicial to a defendant to attempt to litigate its financial condition during the trial on the issues of liability and compensatory damages," therefore the "preferred method" is to delay the punitive damages claim until the issues of liability and compensatory damages have been tried
  5. Ambrosini v. Labarraque

    101 F.3d 129 (D.C. Cir. 1996)   Cited 215 times
    Holding that because expert opinion was based on differential diagnosis, district court abused its discretion in refusing to admit it
  6. In re Zyprexa Products Liability Litigation

    489 F. Supp. 2d 230 (E.D.N.Y. 2007)   Cited 155 times   1 Legal Analyses
    Finding that "[s]ubjective methodology, as well as testimony that is insufficiently connected to the facts of the case," can serve as "grounds for rejection of expert testimony"
  7. Payne v. Jones

    711 F.3d 85 (2d Cir. 2013)   Cited 108 times
    Finding no prejudice where "the defendant failed to identify anything he would have testified to that was not included in the deposition testimony that was read to the jury"
  8. Stagl v. Delta Air Lines, Inc.

    117 F.3d 76 (2d Cir. 1997)   Cited 166 times
    Holding that a "well-trained [expert] with somewhat more general qualifications" should have been allowed to testify
  9. Jeffreys v. Rossi

    99 Civ. 4059 (SAS) (S.D.N.Y. Jul. 18, 2003)   Cited 137 times
    Holding that an officer may be personally involved in the use of excessive force if he either directly participates in the assault or if he was present during the assault, yet failed to intervene on behalf of the victim, even though the officer had a reasonable opportunity to do so
  10. United States v. Rouco

    765 F.2d 983 (11th Cir. 1985)   Cited 155 times
    Holding that Rouco's confession was not involuntary where Rouco was placed face-down on a hot parking lot pavement, handcuffed, detained at gunpoint, and subsequently placed in an unairconditioned squad car with the windows rolled up for 20 minutes because "any physical discomfort Rouco may have suffered at the arrest scene was not caused intentionally but stemmed from the agents' preoccupation with [the victim's] condition"
  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,670 times   255 Legal Analyses
    Adopting the Daubert standard
  12. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,149 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  13. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,719 times   26 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted