Miskin v. Baxter Healthcare Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, to survive a motion for summary judgment, the nonmoving party “must produce competent evidence on each element of his or her claim”
• stating that, to establish “causation in the face of a summary judgment challenge,” the nonmoving party must identify admissible “evidence which amounts to a probability, not just a possibility” that the moving party’s conduct was the cause of the nonmovant’s injuries (emphasis added)
• non-moving party “may not create a genuine issue of material fact through mere speculation. . . .
• expert testimony is necessary under Maryland law when “the evidence relating to causation involves technical medical questions beyond the common knowledge of laypersons”
• plaintiff’s failure to demonstrate that two unauthenticated medical treatises qualified as learned treatises “ma[de] the treatises unauthenticated, inadmissible hearsay, which cannot be considered during summary judgment”
• expert testimony is necessary under Maryland law when “the evidence relating to causation involves technical medical questions beyond the common knowledge of laypersons”

Source: CourtListener parenthetical corpus (CC0).