FRANKLIN LIFE INSURANCE CO.

v.

WILLIAM J. CHAMPION & CO.

Citator

Cited By

• Hardy v. Johns-Manville Sales Corp., 681 F.2d 334 (5th Cir. 1982)
  …1(b)(2) and (c) — is likewise improper. As the court itself concedes, Rule 201 relates to medical facts not subject to reasonable dispute. In Franklin Life Insurance Co. v. William J. Champion & Co., 350 F. 2d 115, 130 (6th Cir. 1965), cert. denied, 384 U.S. 928, 86 S.Ct. 1445, 16 L.Ed.2d 531 (1966), the court took judicial notice of the fact that cancer does not manifest itself quickly but lies dormant, typically for long periods. As in Franklin, judicial notice applies to self-evident truths that no reaso…
• Hirst v. Gertzen, 676 F.2d 1252 (9th Cir. 1982)
  …sound discretion of the district court. We must uphold the court’s decision absent an abuse of discretion. Moss v. Associated Transport, Inc., 344 F. 2d 23, 25-26 (6th Cir. 1965); See Richmond v. Weiner, 353 F. 2d 41, 44-45 (9th Cir.), cert. denied, 384 U.S. 928, 86 S.Ct. 1447, 16 L.Ed.2d 531 (1966). The court bifurcated the trial for a number of reasons. First, bifurcation simplified the issues for the jury. If the jury were to find that Clayton Hirst was electrocuted, the appellants’ claim that certain o…
• Hines v. Sec'y OF THE Dep't OF Health & Human Servs., 940 F.2d 1518 (Fed. Cir. 1991)
  …not reasonably be questioned.” Fed.R.Evid. 201(b). Well-known medical facts are the types of matters of which judicial notice may be taken. Compare Franklin Life Ins. Co. v. William J. Champion & Co., 350 F. 2d 115, 130 (6th Cir.1965), cert. denied, 384 U.S. 928, 86 S.Ct. 1445, 16 L.Ed.2d 531 (1966) (taking judicial notice of the fact that cancer does not manifest itself quickly), with Hardy v. Johns-Manville Sales Corp., 681 F. 2d 334, 347-48 (5th Cir.1982) (“The proposition that asbestos causes cancer, be…