Expert Witness Blog

Criminology expert witness Kim Rossmo heads Texas State University’s Center for Geospatial Intelligence and Investigation and is a former member of the Vancouver Police Department. Rossmo recently told the Vancouver Missing Women Inquiry that serial killer Robert Pickton could have been caught earlier if Vancouver police had not "dropped the ball." Pickton was charged in the murder of twenty-five women.

In addition to assisting in criminal cases and training law enforcement on how to use his methodology in serial property crime investigations, Rossmo is exploring its versatility by applying it to projects ranging from border control to counterterrorism.

On his website, accident investigation expert witness Christopher Gayner, Expert Reconstruction Company, shares this information:

A federal agency called for a ban on all cellphone use by drivers — the most far-reaching such recommendation to date — saying its decision was based on a decade of investigations into distraction-related accidents, as well as growing concerns that powerful mobile devices are giving drivers even more reasons to look away from the road.

As part of its recommendation, the National Transportation Safety Boardis urging states to ban drivers from using hands-free devices, including wireless headsets. No state now outlaws such activity, but the board said that drivers faced serious risks from talking on wireless headsets, just as they do by taking a hand off the wheel to hold a phone to their ear.

Psychiatry expert witness Joseph Glenmullen testified in the Texas case against Johnson & Johnson. Glenmullen, a clinical instructor in psychiatry at Harvard Medical School, said J&J hid information revealing that the antipsychotic drug Risperdal could cause weight gain, leading to diabetes.

Real estate expert Bill Argeropoulos says there may be a bidding war over Scotiabank's landmark red skyscraper in Toronto. Canada's second tallest building could sell for $1 billion or more. Argeropoulos is Vice President and Director of Research for Avison Young’s Canadian operations.

In Insurance Industry Expert Testimony: Is It a Legal Conclusion or Custom and Practice?, Anthony J. Zarillo, Jr. writes:

As a general matter, whether expert witness testimony is admissible has been subject to challenge on a wide variety of issues throughout federal and state courts. The issues triggered by decisions such as Frye v. United States, Daubert v. Merrell Dow Pharmaceuticals, Inc., and Kumho Tire Co., v. Carmichael, have particular application and importance as well to questions regarding testimony provided by experts in the insurance industry....

Anthony J. Zarillo, Jr. is a founding shareholder of the law firm of Bevan, Mosca, Giuditta & Zarillo, P.C., which represents the insurance industry.

In What Government Should be Doing in the Markets, patents expert witness Bruce Abramson writes:

It’s hardly a secret that the 2012 election is shaping up as a contest between free markets and big government. And while the choice seems clear in the current political environment, it’s important to recall that government does play a critical role in the development and maintenance of functioning markets.

In Experts - Be Wary of What You Post Online construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Recently I followed a discussion wherein an expert was seeking opinions on how to best present a complex testing method in his report to a jury. Several experts responded, each with his or her advice and opinion. However, as the discussion progressed, it became a debate on the types of testing methods and the accuracy of each, the point of the original question (how to best present and explain the expert’s findings) quickly getting lost. The ramification of these experts publicizing their opinions on the testing methods – possibly being used against them in their future cases – was ignored.

A good policy is to keep any questions and queries to other experts private. You can call experts you know. You can even look up experts on the Internet and call them. You will find that most are willing to extend professional courtesy to you by sharing their experience on the question at hand. But do not use email, as it is discoverable as well.

Overzealous attorneys will look to discredit experts for even the most innocent discussions. They will take a discussion out of context and twist it around in an attempt to score a few unearned, unjust points with the jury. Experts need to be aware of this and be prepared to address and justify any exchanges/dialogues/discourse on the matter. (Also note that, in some cases, you must not under any circumstances discuss cases with anyone other than your staff.)

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com

General Motors Chairman and CEO Dan Akerson will testify this week regarding the investigation into fire risks in the Chevrolet Volt. Traffic safety expert David Strickland, Administrator of the National Highway Traffic Safety Administration, will also testify before a panel of the House Oversight and Government Reform Committee.

Mr. Strickland oversees the broad range of vehicle safety and policymaking programs under NHTSA's jurisdiction — including setting vehicle safety standards, investigating possible safety defects, and tracking safety-related recalls; establishing and enforcing regulations on fuel economy; investigating odometer fraud and publishing vehicle theft data.

Read more: http://www.nhtsa.gov/.

In Defy Popular Perception: Overcome the Life Insurance Taboo, insurance expert Philip E. Harriman, CLU, CHCF, 2007 MDRT President, partner with Lebel and Harriman LLP, writes:

The trend in today’s financial planning industry is to avoid talking about life insurance and, instead, focus on investments. Yet talking only about investing assets leaves out a major aspect of planning — how do you grow and protect those assets? The answer is still life insurance. ...

Due to this new trend, fewer and fewer advisors have life insurance expertise. This is not an evolution of the business; instead, it does our clients a disservice.

Read more: lifehealthpro.

For over thirty years, Phil Harriman has worked with family-held and nonprofit businesses in the areas of retirement planning, business continuation arrangements and estate planning. He started his career with Maine Governor James B. Longley’s insurance agency in 1977. In 1983, he and Michael A. Lebel formed an independent insurance and investment brokerage firm - Lebel & Harriman, LLP.

U.S. District Judge David Hittner has denied R. Allen Stanford's lawyers request to delay the fraud case against the financier. Defense lawyers requested more time to evaluate testimony from forensic accounting expert witnesses on auditing and accounting procedures.

In The need to understand and work with the law continues to grow in hospitality – Today and in the Future, John Hogan writes:

In my continuing professional work as an educator, an expert witness for both plaintiffs and defendants, as a consultant, author and speaker, I clearly see that the need to understand and work with the law continues to grow. As owners and operators in hotels, restaurants, spas, clubs and other hospitality businesses, we must recognize what a litigious society we are and how to protect all parties to the best of our knowledge.

Read more: hospitalitynet.org.

In Experts - Be Wary of What You Post Online construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Experts in almost any field sometimes need assistance in determining the best method and means to present a point or to support it in a report.

The Internet is a fabulous source of information, with blogs, Twitter, Facebook and specialty discussion boards for almost any subject or field of expertise you can imagine. However, if you want to keep something private, don’t post it on the Internet, as the world will have access to it. As an expert, virtually everything you write or post becomes a discoverable record available to anyone with the vigor and persistence to find it.

An inherent problem with experts seeking opinion or advice from other experts on a discussion board or blog is that it is discoverable. When an expert seeks advice in these types of forums it is available to almost anyone including, of course, the opposing counsel in the case the expert is working on.

William Gulya, Jr., President & CEO, Middlesex Trenching Company for more than 35 years, specializes in excavation & construction site preparation – earthwork and grading, water mains, sewer installation, trenching, containment, underground utilities, dike repair, heavy equipment rentals. www.siteworkexpert.com