30 Cited authorities

Youngberg v. Romeo
457 U.S. 307 (1982) Cited 3,138 times 1 Legal Analyses
Holding that severely retarded man's liberty interests in safety, freedom from bodily restraint and reasonable training survive involuntary commitment
Parsons v. Ryan
754 F.3d 657 (9th Cir. 2014) Cited 469 times
Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"
Jewett v. Anders
521 F.3d 818 (7th Cir. 2008) Cited 206 times
Holding that qualified immunity protects those who make a reasonable error in determining whether there is a reasonable suspicion to conduct a Terry stop
Smego v. Mitchell
723 F.3d 752 (7th Cir. 2013) Cited 97 times
Holding that fact issues precluded summary judgment in favor of dentist where, although some of her alleged conduct, "standing alone, could be regarded simply as negligence . . . a reasonable jury could look at this pattern and infer deliberate indifference, particularly because [the dentist] offered no medical justification for the long delays in treatment or her refusal to prescribe appropriate pain medication."
Link v. Mercedes-Benz of North America, Inc.
788 F.2d 918 (3d Cir. 1986) Cited 202 times
Holding that in order to satisfy the co-conspirator exception plaintiff must join the alleged co-conspirators as co-defendants
U.S. v. Giovannetti
919 F.2d 1223 (7th Cir. 1990) Cited 159 times 1 Legal Analyses
Finding no error in allowing a witness to testify that he thought a home owned by the defendant was being used as a gambling house based on facts "known equally or better" by the defendant himself
Kemezy v. Peters
79 F.3d 33 (7th Cir. 1996) Cited 122 times
Holding it is the defendant's burden to prove net worth in the punitive damages phase of a § 1983 case
United States v. Fluker
698 F.3d 988 (7th Cir. 2012) Cited 68 times 4 Legal Analyses
Holding that emails may be authenticated "using circumstantial evidence"
U.S. v. Dumeisi
424 F.3d 566 (7th Cir. 2005) Cited 63 times
Holding Iraqi intelligence documents admissible under Rule 807 where witnesses positively identified the documents, as well as handwriting, symbols, codes, abbreviations, and signatures on them, and also testified that the officers had a duty to accurately record their activities and information received from other sources
U.S. v. Santos
589 F.3d 759 (5th Cir. 2009) Cited 50 times 1 Legal Analyses
Holding that an inmate's nearly identical statement about his pain level to a prison nurse was "for medical treatment to ‘meet an ongoing emergency’ " rather than "to gather evidence for trial or prison disciplinary proceedings"
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,819 times 259 Legal Analyses
Adopting the Daubert standard
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,499 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 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,713 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,179 times 49 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 703 - Bases of an Expert's Opinion Testimony
Fed. R. Evid. 703 Cited 4,749 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

Smego v. Adams et al

30 Cited authorities

Holding that severely retarded man's liberty interests in safety, freedom from bodily restraint and reasonable training survive involuntary commitment

Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"

Holding that qualified immunity protects those who make a reasonable error in determining whether there is a reasonable suspicion to conduct a Terry stop

Holding that in order to satisfy the co-conspirator exception plaintiff must join the alleged co-conspirators as co-defendants

Finding no error in allowing a witness to testify that he thought a home owned by the defendant was being used as a gambling house based on facts "known equally or better" by the defendant himself

Holding it is the defendant's burden to prove net worth in the punitive damages phase of a § 1983 case

Holding that emails may be authenticated "using circumstantial evidence"

Holding that an inmate's nearly identical statement about his pain level to a prison nurse was "for medical treatment to ‘meet an ongoing emergency’ " rather than "to gather evidence for trial or prison disciplinary proceedings"

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"

Recognizing exception to rule against hearsay for records of regularly conducted activities

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

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