· 10/16/2014
Thelma Aycock v. R.J. Reynolds Tobacco Company
Citations
- 769 F.3d 1063
- 95 Fed. R. Serv. 935
- 2014 U.S. App. LEXIS 19782
- 2014 WL 5293596
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that 6 Case: 16-12919 Date Filed: 12/12/2017 Page: 7 of 9 because under Florida law, a plaintiff has the burden on all four elements of negligence, courts treat evidence presented by plaintiffs differently than evidence produced by defendants to rebut causation
- instructing courts to \look at the evidence in a light most favorable to admission\
- “The defendant's ability to present alternate causes is of paramount importance in allowing for an adequate defense.”
- “The defendant’s ability to present alternate causes is of paramount importance in allowing for an adequate defense.”
- “Rule 403’s major function is limited to excluding matter of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect.”
- “In ordinary cases under Florida law, a plaintiff bears the burden of proof on all four elements of negligence—duty of care, breach of that duty, causation, and damages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Carnes, Tjoflat, Siler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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