74 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,206 times 224 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,576 times 28 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Old Chief v. United States
519 U.S. 172 (1997) Cited 3,023 times 7 Legal Analyses
Holding that the district court had abused its discretion in admitting the record of conviction when the defendant in that case offered to stipulate to a prior felony conviction
Reno v. Flores
507 U.S. 292 (1993) Cited 1,732 times 2 Legal Analyses
Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing
Poller v. Columbia Broadcasting
368 U.S. 464 (1962) Cited 2,857 times 1 Legal Analyses
Holding agent potentially liable where he knew of the "obvious purpose and necessary effect" to eliminate independent stations and "had a personal stake in the outcome"
TXO Production Corp. v. Alliance Resources Corp.
509 U.S. 443 (1993) Cited 706 times 1 Legal Analyses
Holding that courts should consider “the potential harm that [the defendant's] actions could have caused”
Yeti by Molly Ltd. v. Deckers Outdoor Corp.
259 F.3d 1101 (9th Cir. 2001) Cited 1,323 times
Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure
Hangarter v. Provident Life and Acc. Ins. Co.
373 F.3d 998 (9th Cir. 2004) Cited 917 times 3 Legal Analyses
Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified
Primiano v. Cook
598 F.3d 558 (9th Cir. 2010) Cited 748 times 1 Legal Analyses
Holding expert physician's opinions admissible based on that physician's use of "knowledge and experience" "against a background of peer-reviewed literature" to evaluate a patient's medical records and imaging studies
Estate of Barabin v. AstenJohnson, Inc.
740 F.3d 457 (9th Cir. 2014) Cited 362 times 4 Legal Analyses
Holding that district court erred by "pass[ing] its greatest concern about [the expert's] testimony to the jury to determine" and there was little "indication that the district court assessed, or made findings regarding, the scientific validity or methodology of [another expert's] proposed testimony"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 484,956 times 687 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,405 times 647 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 45,672 times 316 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,277 times 183 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,555 times 251 Legal Analyses
Adopting the Daubert standard
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,448 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,053 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,616 times 65 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,009 times 126 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,342 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"

M.H. v. County of Alameda et al

74 Cited authorities

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

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that the district court had abused its discretion in admitting the record of conviction when the defendant in that case offered to stipulate to a prior felony conviction

Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

Holding agent potentially liable where he knew of the "obvious purpose and necessary effect" to eliminate independent stations and "had a personal stake in the outcome"

Holding that courts should consider “the potential harm that [the defendant's] actions could have caused”

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

Holding a district court did not abuse its discretion in qualifying an insurance expert who testified on similar issues in twelve previous cases and had never been found unqualified

Holding expert physician's opinions admissible based on that physician's use of "knowledge and experience" "against a background of peer-reviewed literature" to evaluate a patient's medical records and imaging studies

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Adopting Fed.R.Civ.P. 37

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

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Adopting the Daubert standard

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Holding that such a statement must merely be made by the party and offered against that party

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

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"