24 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,459 times 228 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 12,691 times 30 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
General Electric Co. v. Joiner
522 U.S. 136 (1997) Cited 4,892 times 42 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Nimely v. City of New York
414 F.3d 381 (2d Cir. 2005) Cited 768 times
Holding that the district court erred in admitting testimony of an expert who "stated that he ‘rejected’ the possibility that [law-enforcement witnesses] had lied, and explained various reasons why police officers have no incentive to give false statements in excessive force cases"
Hygh v. Jacobs
961 F.2d 359 (2d Cir. 1992) Cited 498 times
Holding false arrest claim cognizable from period of arrest through arraignment
Arista Records LLC v. Lime Group LLC
784 F. Supp. 2d 398 (S.D.N.Y. 2011) Cited 159 times 1 Legal Analyses
Holding that a defendant who "provided machinery or goods that facilitated infringement" can be contributorily liable
Zaremba v. General Motors Corp.
360 F.3d 355 (2d Cir. 2004) Cited 123 times 2 Legal Analyses
Holding that expert testimony that was speculative and unreliable was properly not considered by the district court on summary judgment
U.S. v. Amuso
21 F.3d 1251 (2d Cir. 1994) Cited 137 times
Holding that where evidence of flight passes "threshold inquiry of relevance, the accepted technique is for the judge to receive the evidence and permit the defendant to bring in evidence in denial or explanation" (internal quotation marks and alterations omitted)
Sec. & Exch. Comm'n v. Tourre
950 F. Supp. 2d 666 (S.D.N.Y. 2013) Cited 67 times
Excluding expert with expertise in "general area of structured finance," but no experience in particular industry of collateralized debt obligations
In re Initial Public Offering Securities Litig.
174 F. Supp. 2d 61 (S.D.N.Y. 2001) Cited 58 times
Denying motion for expert testimony on subject of recusal
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,851 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 22,687 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 13,516 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 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,609 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,716 times 11 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 5,758 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Section 9 - Prohibition regarding manipulation and false information
7 U.S.C. § 9 Cited 303 times 75 Legal Analyses
Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"
Section 13 - Violations generally; punishment; costs of prosecution
7 U.S.C. § 13 Cited 261 times 12 Legal Analyses
Pertaining to punishment for violations of the Commodity Exchange Act

United States Commodity Futures Trading Commission v. Wilson et al

24 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 under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

Holding that the district court erred in admitting testimony of an expert who "stated that he ‘rejected’ the possibility that [law-enforcement witnesses] had lied, and explained various reasons why police officers have no incentive to give false statements in excessive force cases"

Holding false arrest claim cognizable from period of arrest through arraignment

Holding that a defendant who "provided machinery or goods that facilitated infringement" can be contributorily liable

Holding that expert testimony that was speculative and unreliable was properly not considered by the district court on summary judgment

Holding that where evidence of flight passes "threshold inquiry of relevance, the accepted technique is for the judge to receive the evidence and permit the defendant to bring in evidence in denial or explanation" (internal quotation marks and alterations omitted)

Excluding expert with expertise in "general area of structured finance," but no experience in particular industry of collateralized debt obligations

Denying motion for expert testimony on subject of recusal

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"

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

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"

Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"

Pertaining to punishment for violations of the Commodity Exchange Act