Logourl black
From our private database of 14,100+ case briefs...

Marsee v. United States Tobacco Company

United States Court of Appeals for the Tenth Circuit
866 F.2d 319 (10th Cir. 1989)


Facts

Betty Ann Marsee’s husband, Sean, died from oral cancer. Marsee (plaintiff) brought a products-liability suit against United States Tobacco Company (USTC) (defendant), the manufacturer of a snuff product. Marsee alleged that Sean’s use of USTC’s snuff had caused his cancer. At trial, Marsee called Dr. Kent Westbrook as an expert witness. Westbrook testified that, in his opinion, using snuff could cause oral cancer. Westbrook also testified that, based on his review of Sean’s case, Sean’s cancer was caused by USTC’s snuff. On redirect examination, Westbrook testified that he had spoken with other doctors about snuff’s tendency to cause cancer. At this point, USTC objected on hearsay grounds. The district court sustained the objection and excluded any details of conversations that Westbrook had with other doctors about other patients. The jury found in favor of USTC. Marsee appealed, arguing that the district court erred by excluding Westbrook’s additional testimony.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Seth, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 219,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.