Opinion

Theresa Graham v. R.J Reynolds Tobacco Company

  • 857 F.3d 1169
  • 2017 U.S. App. LEXIS 8718
  • 2017 WL 2176488
Court
Court of Appeals for the Eleventh Circuit
Filed
May 18, 2017
Status
Published
Author
Wilson
On the bench
Tjoflat, Hull, Marcus, Wilson, Pryor, Martin, Jordan, Rosenbaum, Carnes
Nature of suit
REH
Cited by
49 cases
Authority
More cited than 13.4%

reasoning that the fact that “the express-preemption provi- sion” at issue “does not cover the” substance of the plaintiffs’ claims “supports an inference that there is no implied preemption of those” claims

How later courts described this case

  • reasoning that the fact that “the express-preemption provi- sion” at issue “does not cover the” substance of the plaintiffs’ claims “supports an inference that there is no implied preemption of those” claims
  • summarizing the Florida Supreme Court's ruling that "the Phase I findings establish the causal link between the tobacco companies' conduct and the class members' injuries because the companies acted wrongfully toward all of the class members"
  • providing that the party asserting preclusion bears the burden of establishing the elements
  • explaining that “the central features of due process” are “no- tice” and “an opportunity to be heard”

Written by the judges who cited it.

The opinion

WILSON, Circuit Judge,

dissenting:

At its most fundamental level, the Due Process Clause guarantees an aggrieved party notice and “the opportunity to present his case and have its merits fairly judged.” See Logan v. Zimmerman Brush Co., 455 U.S. 422, 428, 433 , 102 S.Ct. 1148, 1153, 1156 , 71 L.Ed.2d 265 (1982). The defendants have no doubt been provided notice and some degree of opportunity to be heard in court, but like Judge Tjoflat, I am not content that the use of the Engle *1315 jury’s highly generalized findings in other forums meets “the minimum procedural requirements of the ... Due Process Clause in order to qualify for ... full faith and credit.” See Kremer v. Chem. Constr. Corp., 456 U.S. 461, 481 , 102 S.Ct. 1888 , 1897-98, 72 L.Ed.2d 262 (1982). Because such a violation requires remand, I see no need to determine whether the Engle findings are preempted by federal law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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