Scintilla of Evidence

A scintilla of evidence is the tiniest spark of proof, barely more than a suspicion. Historically, some courts said that even this much evidence was enough to send a case to a jury, but most modern American courts have rejected that rule and require more than a mere scintilla to survive a motion to dismiss or for summary judgment.

Origin

"Scintilla" is Latin for "spark." The phrase entered Anglo-American law through 19th-century English cases, most notably Jewell v. Parr (1853), and was widely cited in U.S. courts until the U.S. Supreme Court in Anderson v. Liberty Lobby (1986) confirmed that a mere scintilla is not enough to defeat summary judgment. There must be evidence on which a reasonable jury could find for the plaintiff.

Significance in Asbestos Context

In asbestos cases, defendants frequently file motions arguing that the plaintiff has produced only a "scintilla" of evidence tying their specific product to the patient's disease, and therefore the claim against them should be thrown out before trial. Whether the plaintiff's proof clears this bar often decides which defendants remain in the case. This is why your legal team works hard to gather product identification testimony, co-worker affidavits, employment and union records, invoices, and specification sheets. The goal is to put forward more than a spark, so a judge will let the jury weigh the evidence.

Example Sentence

The defendant moved for summary judgment, claiming the plaintiff had offered only a scintilla of evidence that its gaskets were ever used at the shipyard, but the judge found the co-worker's deposition testimony was enough to send the question to the jury.

Related Terms

Summary Judgment, Product Identification, Burden of Proof, Preponderance of the Evidence, Substantial Factor Test, Directed Verdict

Notes

• If you remember names of co-workers, supervisors, foremen, or union brothers who saw you working with or around specific asbestos products, write them down and share the list with your attorney. Their testimony is often what lifts a case above the "scintilla" line.
• Preserve any physical evidence you still have: old work badges, union cards, pay stubs, W-2s, Social Security earnings records, photographs from job sites, and product packaging or manuals. These documents help defeat "mere scintilla" challenges from individual defendants.
• Ask your attorney which defendants are most at risk of being dismissed on this basis, and whether additional witness interviews, site inspections, or document subpoenas could strengthen the proof against them.
• The standard varies by state. A few jurisdictions still use older "scintilla" language differently, so the threshold your case must meet depends on where it is filed.