Defending Cases Rooted in Circumstantial Evidence: Excluding and Preventing Speculative Facts and Inferences
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss strategies for countering and excluding circumstantial evidence and related inferences to pave the way for summary judgment or possibly a directed verdict. The program will review distinguishing proper inferences from speculation, the problem of inferences from inferences, and strategies for summary judgment and directed verdict motions. The panel will also discuss how to avoid confirming circumstantial evidence.
Outline
- Defining circumstantial evidence
- Standards governing permissible inferences from circumstantial evidence
- Only reasonable inference
- More likely than not
- Issues proved with circumstantial evidence
- Liability
- Causation
- Motive
- Accident reconstruction
- Contents of missing documents
- Strategies for rebutting circumstantial evidence
Benefits
The panel will review these and other key issues:
- What is the difference between permissible inference and speculation?
- When does circumstantial evidence become res ipsa loquitur?
- What strategies exist to prevent courts and juries from unsound inferences?
- Does weak circumstantial evidence lead to nuclear or runaway verdicts?
Faculty
Casey S. Erick
Partner
Cowles & Thompson
Mr. Erick is a Shareholder and focuses on Commercial Litigation and Employment Law. He has represented clients in... | Read More
Mr. Erick is a Shareholder and focuses on Commercial Litigation and Employment Law. He has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He has represented high-profile clients as well as defended against high-profile national and global entities in matters related to commercial litigation, defamation, privacy, negligence, the Stored Communications Act, the Texas Harmful Access by Computer Act, Texas identity Theft Enforcement and Protection Act, and the Computer Fraud and Abuse Act.
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Robert Quinn
Partner
Drew Eckl & Farnham
Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants... | Read More
Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants ranging from large international corporations to small businesses and individuals. Mr. Quinn has handled cases involving premises liability, auto liability, transportation law, and wrongful death. He represents clients in tort and contract defense in state and federal courts and has taken and defended nearly 100 depositions, prepared expert witnesses, and handled nearly every aspect of litigated claims, including serving as first chair on jury trials and more than 50 bench trials.
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