circumstantial evidence definition

• Hollins v. Fulton County et al.,, (11th Cir. 2011)

... 56 when the pleadings and accompanying evidence show that there is no genuine issue as to any mate... through either direct or circumstantial evidence. Damon v. Fleming Supermarkets of Fla., I... motive is circumstantial evidence by definition). . We use the McDonnell Douglas2 framework ...

• Federal Circuits

• James Earl Hawthorne v. Baptist Hospital Inc., (11th Cir. 2011)

... granting of summary judgment on the evidence presented, and further contends that the court err... either through direct or circumstantial evidence. Mora v. Jackson Mem’l Found., Inc., 59... a discriminatory motive is, by definition, circumstantial evidence. Burrell v. Bd. of Tr. of...

• Federal Circuits

• Therasense Decision Raises Bar For Proving Inequitable Conduct

... deceptive intent by clear and convincing evidence. However, there has been conflict and confusion cooncerning the appropriate definition of material and the standards for inferring decepttive intent from circumstantial evidence. The majority opinion in Therasense, au...

• Mondaq Business Briefing
• United States Law Articles in English

• mark East v. Clayton Coumty, GA, et al, (11th Cir. 2011)

... first argues that he submitted direct evidence of the Cohilas’s discriminatory intent against h...Second, concerning circumstantial evidence, East contends that he met the prima faci... a discriminatory motive is, by definition, circumstantial evidence. Burrell v. Bd. of Tr. of...

• Federal Circuits

• Shirley Morrison vs City OF bAinbridge, GA, et al, (11th Cir. 2011)

... both her sex and age.1 Morrison’s sole evidence of age discrimination was a comment she overheard ... an ADEA claim through direct or circumstantial evidence or statistical proof. Clark v. Coats & Cl... suggests discriminatory intent is by definition circumstantial. Burrell v. Bd. Of Trustees of Ga. ...

• Federal Circuits

• United States v. Ballard, (2nd Cir. 2010)

...Ballard challenges portions of the evidence adduced during his trial, certain decisions of the... a jury to be charged on the specific definition of "firearm." We decline to so hold today because ... of the limitations of flight as circumstantial evidence of guilt, the threshold decision ...

• Federal Circuits

• State v. Dodson, (Ohio 2011)

Trial court did not err by refusing to give a jury instruction incorporating a definition of "possession" related to drug offenses, when the defendant was charged with a weapons offense and was not charged with a drug offense. The evidence was sufficient to sustain the verdict and the verdict was not against the manifest weight of the evidence where a reasonable juror could conclude that the driver of a car had constructive possession of a gun located under his seat.

... evidence presented was "purely  circumstantial," making the requested definition of possession e...

• Ohio Supreme Court

• Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem

Courts and commentators have long struggled with the proper treatment of parallel conduct by competitors in oligopoly markets. In such markets it is possible to achieve supra-competitive pricing through recognized interdependence, rather than agreement. In Bell Atlantic Corp v. Twombly, the Supreme Court recently addressed the antecedent question of what are sufficient allegations of agreement to survive a motion to dismiss a Sherman Act § 1 claim in an oligopoly market. The Court concluded that simple allegations of parallel conduct with conclusory assertions of agreement could not survive a motion to dismiss. Nonetheless, the opinion contained little clear guidance as to what would be sufficient, other than indicating that the claim alleged must be "plausible." In the specific context...

... have disagreed about what is sufficient evidence of agreement, as opposed to mere interdependence, ... granting summary judgment when circumstantial evidence is as consistent with conspiracy as with ....268 Circumstantial evidence, by definition, allows for more than one possible inference.269. ...

• Brigham Young University Law Review
• Vol. 2008 Nbr. 4, July 2008

• Dayton v. Ahmad, (Ohio 2011)

Appellant’s conviction for operating a motor vehicle bearing an invalid license plate is not supported by sufficient evidence, since the State failed to adduce evidence of the necessary scienter, recklessness, and concedes error. Appellant’s convictions for driving under suspension are not against the manifest weight of the evidence. Reversed in part and affirmed in part.

....01(HHH) supersedes the prior judicial definition of  ‘operate’ in State v. Gill and cases t... the ignition.  Those facts are circumstantial evidence that the accused operated the  vehicle t...

• Ohio Supreme Court

• Clark v. Arizona, 548 U. S. (2006)

..., the prosecutor offered circumstantial evidence that Clark knew the victim was a police o...) by choosing an insanity definition and placing the burden of persuasion on criminal d...

• U.S. Supreme Court