Circumstantial Evidence

News & Analysis as of

Maryland Court of Appeals Holds that Expert Is Not Permitted to Opine as to Source of Lead Paint Exposure Based Solely Upon...

On October 16, 2015, in Jakeem Roy v. Sandra B. Dackman, et al., No. 6, Sept. Term 2015 (Md. Oct. 16, 2015), the Court of Appeals of Maryland held that a pediatrician is not qualified to offer an expert opinion regarding the...more

Maryland Court of Special Appeals Clarifies Plaintiff’s Burden in Proving Negligence Case for Personal Injuries From Exposure to...

The standard for establishing a prima facie case of negligence in a lead paint lawsuit is well established. The plaintiff has the burden of proving “1) that the defendant was under a duty to protect the plaintiff from...more

Marshmallow Justice: 10 Tales of Legal Fluff and Other Stuff

Just about one hundred years ago, Archibald Query of Somerville, Massachusetts invented the first commercial marshmallow cream, which he pedaled door-to-door in Union Square. Around 1917, he sold the recipe for $500 to two...more

Michigan Court Finds Expert Testimony Not Necessary to Show Link Between Chemical Exposure and Injury

Issuing an opinion that could lower the bar for proving toxic tort causation, the Michigan Court of Appeals held that direct expert testimony may not be necessary to prove causation in a toxic tort case and that a plaintiff...more

Expert Declaration in Conjunction with Circumstantial Evidence Sufficient to Defeat Summary Judgment in Vehicle Defect Case

In Pavoni v. Chrysler Group, LLC, 2015 No. 13-55761 (“Pavoni”), the Ninth Circuit Court of Appeals held that plaintiffs’ expert declaration in conjunction with circumstantial evidence of the incident were sufficient to raise...more

Direct & Circumstantial Evidence – It snowed last night?

If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say? It snowed. You did not have to actually see the activity of snow...more

Court Rejects Two Common Methods Of Proving Reliance On Class-Wide Basis

Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof...more

Back To The Drawing Board: The SEC Loses Another Insider Trading Trial

On January 7, 2014 the SEC lost an insider trading bench trial before Judge William Duffey of the U.S. District Court for the Northern District of Georgia. In a thorough opinion, Judge Duffey found the SEC’s case to be...more

Comparison And Contrast: Differing Standards For Inferences In Federal And Florida State Courts

Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...more

Top 5 Ediscovery Case Summaries – May 2013: Illinois - Court Looks to Circumstantial Evidence to Rely on Evidence from MySpace

People v. Kucharski, 2013 WL 1281844 (Ill. App. 2nd Dist. Mar. 29, 2013). In this harassment through electronic communications case, the defendant allegedly posted lewd comments and offensive remarks on the victims...more

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