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Summary Judgment Circumstantial Evidence

Goldberg Segalla

Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, March 14, 2022 -                The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work...more

McDermott Will & Emery

Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit reversed a district court’s grant of summary judgment for the defendant on trade dress infringement and trade dress dilution claims, finding that evidence relating to the...more

White and Williams LLP

Third Circuit Clarifies Intent Requirement for Suicide Exclusion in Life Insurance Policies Under New Jersey Law

White and Williams LLP on

On September 18, 2019, the U.S. Court of Appeals for the Third Circuit issued an opinion in Arena v. Riversource Life Insurance Company, 2019 U.S. App. LEXIS 28052 (3d Cir. Sep. 18, 2019) (non-precedential), affirming the...more

Harris Beach PLLC

Circumstantial Evidence Ruled Not Enough in Case Against Medical Device Manufacturer

Harris Beach PLLC on

Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Direct vs. Circumstantial Evidence in Discrimination Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former financial advisor of JPMS claimed his employment was terminated based on racial discrimination. Through application of the three-part burden...more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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

Beveridge & Diamond PC

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

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