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California Court of Appeals Allows Circumstantial Evidence to Create a Triable Issue of Material Fact

Posted in Asbestos Litigation, California Courts

In reversing a trial court’s grant of summary judgment to a defendant manufacturer, a recent California Court of Appeals decision reaffirmed the Lineaweaver standard, which allows a plaintiff to meet his burden of proof with circumstantial evidence.  The burden of rejoinder therefore remained on the moving defendant to prove a negative proposition; i.e., that it… Continue Reading