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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.