27 Cited authorities

Markman v. Westview Instruments, Inc.
517 U.S. 370 (1996) Cited 5,366 times 65 Legal Analyses
Holding that claim construction is a matter of law for the court
Alexander v. Caresource
576 F.3d 551 (6th Cir. 2009) Cited 1,079 times 3 Legal Analyses
Holding that a job description amounts to evidence of the minimum job qualifications
O'Brien v. Ed Donnelly Enters., Inc.
575 F.3d 567 (6th Cir. 2009) Cited 743 times 6 Legal Analyses
Holding that the district court erred when it "implicitly and improperly applied a Rule 23-type analysis" to the FLSA
Block v. City of Los Angeles
253 F.3d 410 (9th Cir. 2001) Cited 676 times
Holding that, at summary judgment, the court may not rely on evidence that is "based on inadmissible hearsay" and which does not "set forth facts that would be admissible in evidence"
Reese v. CNH America LLC
574 F.3d 315 (6th Cir. 2009) Cited 341 times 1 Legal Analyses
Holding that even though the CBA granted retirees life-time health-care benefits upon retirement, it did not resolve the scope, of those benefits because "the relevant CBA provisions suggest[ed] that the parties contemplated reasonable modifications"
Sigler v. American Honda
532 F.3d 469 (6th Cir. 2008) Cited 348 times
Holding that the district court "improperly considered" unsworn, hearsay evidence in deciding to grant a motion for summary judgment
Penny v. United Parcel Service
128 F.3d 408 (6th Cir. 1997) Cited 474 times
Holding that "an employee whose only obligation to arbitrate is contained in a collective bargaining agreement retains the right to obtain a judicial determination of his rights under a statute such as the ADA"
Best v. Lowe's Home
563 F.3d 171 (6th Cir. 2009) Cited 277 times 4 Legal Analyses
Finding medical expert's opinion and deferential diagnosis methodology were sufficiently reliable to warrant admissibility
Reid v. Sears, Roebuck and Co.
790 F.2d 453 (6th Cir. 1986) Cited 548 times
Holding that a "party may not create a factual issue by filling an affidavit, after a motion for summary judgment has been made, which contradicts his or her earlier deposition testimony"
Broaddus v. Shields
665 F.3d 846 (7th Cir. 2011) Cited 169 times 1 Legal Analyses
Holding "one of the best indicators of commercial reasonableness is a willingness to pay the fees without guaranteed reimbursement."
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,837 times 260 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 22,678 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,508 times 35 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 703 - Bases of an Expert's Opinion Testimony
Fed. R. Evid. 703 Cited 4,751 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
Rule 704 - Opinion on an Ultimate Issue
Fed. R. Evid. 704 Cited 3,044 times 14 Legal Analyses
Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."

Reese et al v. CNH America, L. L. C.

27 Cited authorities

Holding that claim construction is a matter of law for the court

Holding that a job description amounts to evidence of the minimum job qualifications

Holding that the district court erred when it "implicitly and improperly applied a Rule 23-type analysis" to the FLSA

Holding that, at summary judgment, the court may not rely on evidence that is "based on inadmissible hearsay" and which does not "set forth facts that would be admissible in evidence"

Holding that even though the CBA granted retirees life-time health-care benefits upon retirement, it did not resolve the scope, of those benefits because "the relevant CBA provisions suggest[ed] that the parties contemplated reasonable modifications"

Holding that the district court "improperly considered" unsworn, hearsay evidence in deciding to grant a motion for summary judgment

Holding that "an employee whose only obligation to arbitrate is contained in a collective bargaining agreement retains the right to obtain a judicial determination of his rights under a statute such as the ADA"

Finding medical expert's opinion and deferential diagnosis methodology were sufficiently reliable to warrant admissibility

Holding that a "party may not create a factual issue by filling an affidavit, after a motion for summary judgment has been made, which contradicts his or her earlier deposition testimony"

Holding "one of the best indicators of commercial reasonableness is a willingness to pay the fees without guaranteed reimbursement."

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

Adopting the Daubert standard

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

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"

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

Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."