Making a Case through Preponderance of the Evidence
Although proving a negative may be impossible, professional historians can help clients build an effective “weight of historical evidence” argument to convince a judge or jury that something did not happen. This can be done if the sources reviewed are authoritative and the range of available documentation is comprehensive.
History Associates provided exactly this kind of service for an asbestos case brought before a state court in South Carolina. Elizabeth Geise, a partner at Goodwin Procter, represented CertainTeed Corporation, in the case where plaintiffs alleged that CertainTeed had made and sold asbestos cement corrugated board or sheets. Ms. Geise employed History Associates to document exactly what products CertainTeed did and did not make.
History Associates researchers reviewed a broad range of publications including not only company annual reports and trade journal articles about CertainTeed products, but also runs of annual industry directories called Sweet’s Catalogues showing in detail what siding products the firm and its competitors manufactured. Our targeted research demonstrated that CertainTeed never made or marketed any asbestos cement corrugated board or sheets.
History Associates produced an expert report summarizing our conclusions and later defended them in court, where the jury returned a unanimous verdict in favor of CertainTeed.
To confidentially discuss how historical research could help your case, call us at (301) 279-9697 or contact History Associates.