August 31, 2011

Comprehensive Expert Witness Background Profiles are Now Available

EXPERT WITNESS PROFILER, LLC (“EWP”) www.ExpertWitnessProfiler.com, the expert witness research company, announced the official launch of its service to provide comprehensive background profiles on experts and consultants. The Expert Witness Profile report allows attorneys, paralegals, law librarians, legal investigators, insurance carriers, and other legal professionals to properly vet an expert they may retain, or to develop cross examination or exclusionary material for the opponent’s expert.

The Profile report details the expert's litigation history, disciplinary history, prior expert witness testimony, expert challenges, licensing history, professional and educational background, and much more. The Profile includes information on how to access available depositions, motions, briefs, articles, and other documents referencing that expert. Each report involves a minimum of 20 hours of research by attorneys and professional legal researchers who leverage databases that are not readily available to the public. The primary goal of the Expert Witness Profile is to save legal professionals time and money, and to deliver a deeper, broader and timelier result than if the legal professional attempted to acquire information about an expert on their own.

EWP was founded by Jim Robinson, Esq., and expert witness/legal research executive Myles Levin. Mr. Robinson and Mr. Levin are two of the co-authors of Finding and Researching Experts and Their Testimony, the definitive white paper on researching experts as well as co-authors of the first chapter of the American Bar Association’s recent publication, Litigators on Experts: Strategies for Managing Expert Witnesses from Retention through Trial. Combined, they have over 40 years experience in researching expert witnesses through the companies they founded, JurisPro Expert Witness Directory and the Daubert Tracker, respectively. EWP’s research team is comprised of over 25 legal professionals specially trained to use advanced research tools and techniques to locate difficult to find information about expert witnesses.

Co-founder Myles Levin states: “Unlike other expert witness due diligence reports, the EWP Profile report is custom researched by live legal professionals. It is not canned. This ensures the EWP Profile report is more comprehensive, more up to date, and more accurate.”

EWP’s Board of Advisors includes Tim Stanley, Esq., founder of Findlaw and Justia; Carole Levitt, J.D., M.L.S., and Mark Rosch, nationally recognized authors on researching expert witnesses, and the principals Internet for Lawyers; Robert Ambrogi, Esq., the former director of the Litigation Services division at American Lawyer Media and the publisher of the law blog, Lawsites; Rosalie Hamilton, the leading authority on expert witness marketing and founder of Expert Communications; and Melinda Sungenis, the President/CEO of The TASA Group, Inc., the nation's leading expert referral service.

Tim Stanley points out, “Experts are not always honest about their credentials. Inadequate expert witness due diligence can have disastrous consequences; and in some circumstances, can even rise to the level of legal malpractice.”

Carole Levitt states, “Despite the importance of using qualified experts, few attorneys take the time, or even have the time, to utilize the proper resources to research experts, evaluate their qualifications, and assess the admissibility of their testimony. The Expert Witness Profiler is the best tool to research experts in an efficient and timely manner.”

To order an Expert Witness Profile on a particular expert, please visit www.ExpertWitnessProfiler.com, call 888-894-8208 or write to info@expertwitnessprofiler.com.

August 31, 2011

Insurance Practices Expert Witness On Broker Duty Part 1

In The Paige Report: Does an insurance broker have a duty to give advice?, insurance practices expert witness Mr. David H. Paige, Esq. writes:

A continuing issue that has reappeared for years is the question of whether an insurance broker has an obligation to speak out and suggest to an insured that he should be purchasing more or different insurance. The courts have split on this question in different jurisdictions. As a latest example, a California court found that the defendant insurance agent did not have a duty to volunteer that an insured should procure different or additional coverage. Instead, as is the trend in many jurisdictions, the court stated that a duty to advise on additional insurance only arises under very specific circumstances. In California, the court found an expanded duty to advise arises when only one of three conditions is first met: (1) when the agent misrepresents the nature, extent or scope of the coverage being offered or provided, (2) when there is a request or inquiry by the insured for a particular type or extent of coverage, or (3) when the agent assumes an additional duty by either express agreement or by holding himself out as having expertise in a given field of insurance being sought by the insured.

August 30, 2011

Risk Managment Experts On Insured Catastrophes

In Long‐Term Property Insurance, risk management experts Dwight Jaffee, Howard Kunreuther, and Erwann Michel‐Kerjan, Risk Management and Decision Processes Center, The Wharton School of the University of Pennsylvania, April 2010, write:

This paper proposes long-term insurance (LTI) as an alternative to the standard annual property insurance policy. LTI offers significant benefits to many stakeholders by reducing insurers’ administrative costs, lowering search costs, providing stability to consumers and incentivizing property owners to invest in risk-reducing measures.

Read more: http://opim.wharton.upenn.edu/.

August 29, 2011

Forensic Pathology Expert Testifies In Infant Death

Two medical expert witnesses testified Friday in the Charleston, WV, trial of Larry Allen Hayes Jr., accused of abusing his girlfriend's 1-year-old daughter. Forensic pathology expert witness Dr. Thomas Young said the child's death was not from shaken baby syndrome but a result of an earlier incident.

August 28, 2011

Construction Site Expert Witness On When To Hire An Expert Part 4

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

If you feel you have a marginal case, an expert can assist you in framing the issues and facts. A qualified expert will possess the industry experience to instantly spot where industry standards and practices have been violated and can explain why these departures are important for your case. The expert has likely also seen and participated in similar cases so he can translate evidence into causation. You may lose this very valuable assistance if an expert is retained late in the process.

Another detrimental aspect of retaining the expert too late is retaining him or her after the discovery period is closed. A qualified expert can tell you exactly where to look for potentially damaging evidence on your adversary, which may support your position. What may not seem important or relevant may in fact be the smoking gun you are looking for. Attorneys know the law and are experts in the law. They often do not know the intricacies, nuances, and particulars of specific industries such as heavy or site-work construction methods, means and industry standards that apply to them.

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.

August 27, 2011

Education Expert Witnesss Testifies On Colorado School Funding

Education expert witness Eric Hanushek testified this week in the Lobato v. State (Colorado) school funding case. Hanushek, a professor at Stanford University’s Hoover Institution, testified for the defense regarding achievement and school funding.

August 26, 2011

Sexual Harassment Expert Witness Testifies In $3M Lawsuit Against University

Sexual harassment expert witness Brett Sokolow testified this week in the $3 million breach of contract lawsuit trial against The University of the South - Sewanee. Sokolow, President of the National Center for Higher Education Risk Management, consults on college relating to sexual harassment and assault.


August 25, 2011

Pharmacology Expert Witnesses & Contraceptive Litigation

Federal multi-district litigation will commence January 2012 against drug manufacturers of the contraceptives Yaz, Yasmin, and Ocella. Expert witness discovery includes reports written by pharmacology and regulatory experts.

Read more: injuryboard.com.

August 24, 2011

Accident Investigation Expert Witness On Early Examination Of Evidence Part 1

In Working with Experts Part I, accident investigation expert witness R. Craig Jerner, PhD, PE, writes:

..Put your expert on board EARLY. Don’t wait until literally “the last minute.” How many times have I heard, “Dr. Jerner, I need your help; these are the facts; can you help me? I have to designate an expert today or tomorrow!” Attorneys who wait until “the last minute” are shortchanging themselves and their clients by not utilizing an expert’s years of experience....Some, but certainly not all of the advantages of getting your expert “on board early” are:

1. Early examination of evidence might confirm (or deny) that viable litigation exists.

In the recent past, a plaintiff attorney client sent me evidence concerning an accident which happened about two years prior. His expert report deadline was rapidly approaching. After a preliminary visual examination and limited laboratory testing, I called and posed several important questions for the attorney to ask his client, and also suggested the possibility of an additional defendant. Several weeks later, the attorney called back with word to stop my investigation. He had found that his client had “lied to him” and the facts he/we thought to be true were not. I suspect that numerous hours of the attorneys valuable time and considerable resources had been spent needlessly pursuing a “dog that wouldn’t hunt” for maybe as long as two years!

August 23, 2011

Construction Site Expert Witness On When To Hire An Expert Part 3

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Today, more than at any other time, many cases are settled, won or lost based on the testimony of the expert witness. The real difference between an expert who will help make or break your case is the depth and range of the expert's experience within the industry involved in the litigation.

I am often asked in an initial interview "How many times have you testified at trial?" I have been involved in many cases. I am proud to say, however, that very few have gone to trial, but instead have been settled in my client's favor, commonly after submitting my expert report, supplementary expert report or rebuttal reports. The point is that the right expert is not necessarily the one who has gone to court the most. No expert can turn a case without warrant into a success, but the right expert can highlight the strong parts of your case with enough credibility to produce a beneficial outcome.

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.

August 22, 2011

Trucking Industry Expert Witnesses & CA Ports Settlement

Trucking industry experts witnesses may consult on issues involving interstate motor carrier operations, trucking and transportation rules and regulations, and more.

In the news last week, Los Angeles and Long Beach ports terminal operators have reached a settlement with the California Attorney General over diesel emissions. AG Kamala D. Harris alleged the terminals violated Proposition 65.

Read more: truckinginfo.com.

August 21, 2011

Disability Insurance Expert Witnesses

Disability insurance expert witnesses may opine on disability income insurance, and disability insurance claims, among other topics. Insurancelocal.com reports:

Nearly 40% of working people have disability insurance while 70% have life insurance. For many Americans the thought of a long term disability seems much less likely than death. However, the facts show that one in five people between the ages 35 and 65 will become disabled for at least five years. We are three times more likely to become disabled during this time than to die, yet most still don't have disability insurance.

Read more: insurancelocal.com

August 20, 2011

Medical Malpractice Expert Witness Critical

In Another Example of the Importance of Experts, Michael J. Sacopulos, Esq., writes:

Earlier this month a Galveston County Texas Judge dismissed a medical malpractice claim against Mainland Center Hospital. The malpractice action had been brought by Jim Howard, III. Howard alleged that the emergency room staff at Mainland Center Hospital broke his femur in March of 2009. Howard’s action was originally filed on June 13, 2010. The Court ordered Howard to present an expert report that supported his claims of professional negligence within a 120 day time frame. That time frame ended February 23, 2011. Counsel for the defendant notified the Court that an expert report had not been filed and requested that Howard’s action be dismissed. Approximately 13 months after the initiation of the litigation, the suit was dismissed by the Court for Howard’s failure to provide an expert report.

At this time, Howard is incarcerated in the Texas Department of the Criminal Justice System for intoxicated manslaughter and intoxicated assault. This case underscores several important facts about medical malpractice litigation. First, it is easier for a patient to bring a suit than it is for a defendant to have the suit dismissed. Secondly, an expert witness is a critical component to medical malpractice actions.

Read more: blog.medicaljustice.com.

August 19, 2011

Property Insurance Expert Witness On Adequate Coverage Part 2

Property insurance expert witness Burl Daniel, CPCU, CIC, CRM, writes that business owners require customized property insurance for:


* Buildings and Business Personal Property
* Construction projects (Builders Risk, Inland Marine, Equipment Floaters)
* Cargo in transit over land or sea (Ocean and Inland Marine, import / export, offshore drilling rigs)
* Flood (Hurricanes Ike & Katrina)
* Business Income and Extra Expense (landlords, manufacturers, distributors, contractors)
* Computers, Electronic Equipment, Data restoration
* Ordinance and law (building owners)
* Selling price valuation on finished stock (manufacturers, distributors)
* Bailee for Property of Others (dry cleaners)
* Boiler & Machinery / Mechanical Breakdown (manufacturers, building owners, utility companies)

August 17, 2011

Trucking & Transportation Rules Expert Witness & Statutes

Trucking and transportation rules and regulations expert witness Lew Grill, SAGE Corporation, lists state motor vehicle codes on his website at: http://www.lewgrill.com.

August 17, 2011

Construction Site Expert Witness On When To Hire An Expert Part 2

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

What an expert does not know can and likely will hurt your case. It is widely accepted knowledge that a good lawyer never asks a question to which they don't already know the answer; so it is with an expert. By withholding facts or materials that you think are not relevant or may not enhance your case, you run the risk of allowing your expert to be ambushed, surprised and/or embarrassed. Expert witness testimony is invaluable and can be summed up in one word -- credibility. You are better served by providing the expert everything.

The experienced and ethical expert is not interested in running up unnecessary bills to the client. They are concerned about having all the information, being kept informed about developments, and having access to the attorney or attorneys on the case. An open line of communication builds confidence for both the expert and the client and enables your expert to reach out to you with new ideas, discoveries and materials that provide for the best possible performance at depositions and trial. New technologies such as online meetings improve collaboration and reduce cost for travel.

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.

August 16, 2011

Risk Assessment Expert Witness On Executive Protection

In Executive Protection & Travel Security, risk assessment expert witness Ira S. Somerson, CPP, CSC, writes:
An executive protection program could involve the delivery
of concise briefing statements to executives traveling abroad,
or having a crisis management response to the abduction or
assassination of a key executive. The key is to assess the
degree and nature of risks that affect strategic executives
and, consequently, their organization. The goal is to prepare
a reasonable and effective program to deter, deny, detect,
respond to, and or recover from actions that may affect the
safety and well being of the executives and/or their company.

August 15, 2011

Trucking Accidents Expert Witnesses

Trucking accidents expert witnesses may opine on qualifications of truck drivers, and federal motor vehicle safety standards, as well as related issues. In Driver Distraction Countermeasures, The American Transportation Research Institute writes:

As a follow-on to FMCSA-sponsored research that quantified and analyzed the role of cell phones in the trucking industry, ATRI is now participating on an FMCSA-sponsored research study to identify and assess different driver distraction countermeasures with an emphasis on technology-based distraction. The assessment will include the identification and efficacy of both existing and emerging countermeasure tools.

Read more: atri-online.org.

August 14, 2011

Risk Management Plans Expert Witness On Fraud

In Fraud Prevention & Ethics Programs, risk management plans expert witness Ira S. Somerson, CPP, CSC, writes:

The vast majority of organizations do have an ethics policy. But if you ask the employees of these organizations if they have read this policy, they will reluctantly confess that they did not even know that one existed! Fraud is preventable and the critical potential from this risk can be mitigated. Federal corporate sentencing guidelines specifically advise that the presence of a workable and active crime prevention program within the organization will bear significantly upon the verdict and size of penalty. An ethics policy and its procedures must be something that employees can rely upon on a day-to-day basis. The ingredients include providing employees with the capability to anonymously report concerns, giving employees availability to advice when concerned with ethical decisions, and providing awareness and orientation programs to new and existing staff. Of course, senior executives set the tone for this objective and their awareness of how they are perceived is critical to the message delivered. Fraud prevention is also a matter of defensive strategy. Specific audits or risk assessments that identify serious potential fraud may assist in narrowing defensive strategy focus.

August 14, 2011

Night Club Security Expert Witness

In THE BUSINESS SECURITY TEST, night club security expert witness Robert A. Gardner, CPP, writes that "no business is totally immune from the threat of crime but a little prior planning and a few common sense precautions are all that is necessary to deter most criminals."

Policies, Procedures & Training

1. Do you have a Workplace Violence Prevention Policy?

2. Do you have a Crisis Media Management Policy?

3. Do you have a Disaster Preparedness Plan?

4. Do you have a Workplace Harassment Policy?

5. Do you provide on-going training to employees at all levels of the organization regarding these policies?

Read more: crimewise.com.

August 14, 2011

Property Insurance Expert Witness On Adequate Coverage Part 1

Property insurance expert witness Burl Daniel, CPCU, CIC, CRM, writes on adequate coverage:

Property insurance seems simple enough – pay the premiums; settle the claim after the fire; replace the damaged home or commercial building. In reality, however, this coverage can be one of the most complex areas in all of Property and Casualty insurance.

Extensive knowledge of several types of policy forms is required to ensure proper structuring of coverage. Due to the wide variation in types and locations of buildings, contents, and Business Income exposures, a multitude of policy forms and endorsements exist to cover virtually any type of property. Expertise with all of these numerous forms - including Inland and Ocean Marine insurance – is necessary to structure coverage correctly.

August 13, 2011

Construction Site Expert Witness On When To Hire An Expert Part 1

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Once the need for an expert becomes inevitable through fact pattern or because your adversary has made the choice for you by their strategy to use an expert, you should retain and consult with your expert as soon as possible. The earlier the expert is involved in the case the faster they become thoroughly familiar with significant facts. This advantage will often expose elements of your case that you may not have considered initially. Your expert should be able to give you an objective and detailed analysis of both the strengths and vulnerabilities that may be faced, specific to the areas of his or her expertise.

Waiting to choose an expert until later in the process runs the risk of being unable to retain the best candidate for your particular litigation. The most frustrating situation you can put your expert witness in is with a request to review extensive materials in an unrealistic time line and often where experts on the other side have been in place for some time and thus have a distinct advantage.

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.

August 12, 2011

Disaster Risk Managment Expert Witnesses

Disaster risk management expert witnesses may testify on loss of life and property damage from natural hazards. The 5th Annual Hazus Conference will be held on August 10-12, 2011 in Seattle, WA. The Hazus Conference, sponsored by FEMA Mitigation Division is the premier risk assessment conference for GIS specialists, emergency managers, geologists, state/local planners, educators and private entities that are using Hazus for decision-making and response planning.

Read more: hazus.org.

August 11, 2011

Homeowner's Insurance Expert Witness

On his website, homeowner's insurance expert witness Burl Daniel, CPCU, CIC, CRM describes the The National Flood Insurance Program:

Created by Congress in 1968, The National Flood Insurance Program (NFIP) is the largest single peril insurance program in the world. FEMA contracts with over 100 “Write Your Own” (WYO) insurance carriers to administer underwriting and process claims. With only one peril to insure and carriers to help, insuring against flood loss should be simple – but that’s not always the case.

Residential Property under NFIP

Under NFIP, the scope of flood coverage for residential properties depends on specific factors. NFIP maximum limits for residential property are $250,000 building and $100,000 contents. Replacement cost building coverage is available only for a single-family dwelling used as the insured’s principal residence. While homeowners policies typically provide replacement cost for contents, NFIP offers only Actual Cash Value (depreciated) coverage. Additional living expense covered by homeowners insurance is excluded in NFIP flood policies.


Read more: burldaniel.com.

August 10, 2011

Pulmonary Medicine Expert Witness On Fatal Asthma Part 3

In Fatal Asthma, pulmonary medicine expert witness Dr. James F. Lineback, Newport Longevity Medical Group, writes:

Asthmatics who eventually go on to develop acute respiratory failure experience a gradual drop in blood oxygen and ,eventually, an elevated arterial carbon dioxide level during the time when most of their strength is devoted to breathing. As oxygen continues to drop and pressure inside the chest rises due to an increased respiratory effort, the heartbeat may become irregular which can result in a fatal cardiac arrhythmia if the problem is not solved immediately.

Early treatment of asthma actually prevents the accumulation of dried secretions in the airways, as well as the narrowing of those structures. As that process progresses, however, treatment becomes increasingly difficult, which may eventually place these patients at high risk for a fatal outcome. Appropriate management, therefore, involves aggressive treatment at an early stage in order to prevent these patients from progressing to a stage where they eventually become at high risk for a fatal outcome.

August 9, 2011

School Expert On Colorado School Finance System

Bruce Baker, a national school finance expert, testified Friday that Colorado’s school finance system is especially regressive for districts with high numbers of poor children and English language learners because it doesn’t compensate for the higher costs of teaching such students.

Read more: ednewscolorado.org.

August 6, 2011

Insurance Agencies Expert On E &O Insurance

In Agent Errors and Omissions Insurance Expert, insurance agencies expert witness Burl Daniel, CPCU, CIC, CRM,

Insurance agents and brokers are under constant scrutiny for their errors and omissions; this scrutiny often results in questions regarding agents’ performance. Among these questions: What standard of care should clients reasonably expect from their agent or broker? What insurance customs and practices should apply to a given set of circumstances? Who said what – and when, and where? How were insurance transactions documented?

Read more, including Common Causes of Agent Errors & Omissions Allegations.

August 5, 2011

Pulmonary Medicine Expert Witness On Fatal Asthma Part 2

In Fatal Asthma, pulmonary medicine expert witness Dr. James F. Lineback, Newport Longevity Medical Group, writes:

Fortunately, the overwhelming majority of asthmatics experience mild symptoms that are easily treated with medications which open up the airway and reduce inflammation in those structures. A certain subset however, have more severe narrowing of the airways and must be treated more aggressively and monitored more carefully with serial pulmonary function testing.

Patients with severe asthma require more medication, have more frequent visits to the emergency room, and may actually require mechanical ventilation for acute respiratory failure. These patients constitute a high risk group for a fatal outcome and generally have certain risk factors, such as steroid dependence, prior need for mechanical ventilation, a high number of medications, and frequent episodes of acute respiratory failure. Aggressive treatment in this group prevents accumulation of dried secretions in the airways as well as severe life threatening airway obstruction. Once this process occurs, these patients are faced with a significant increase “work of breathing” which eventually leads to respiratory muscle fatigue.

August 3, 2011

Logistics Expert Witnesses

Logistics expert witnesses may advise regarding freight forwarders and cargo movement. In the news, RLS Corporation, a third-party logistics provider, announced the launch of the first phase of its next-generation website at www.rlscorp.com.

The new website features critical real-time updates for the logistics industry, including national weather conditions and fuel prices. The site also provides the latest news from key industry groups, such as the American Trucking Association, the Transportation Intermediaries Association, and the National Industrial Transportation League.

Read more: rlscorp.com.

August 2, 2011

Pharmacology Expert Witness Testifies In Death Of CHP Officer

CalCoastNews.com reports that pharmacology expert witness Neemah Yamin-Esfandiary testified that Kaylee Weisenberg, accused of killing California Highway Patrol Officer Bret Oswald in 2010 crash, outside of Paso Robles, CA, was not under the influence of methamphetamine at the time of the accident.

Read more: CalCoastNews.com.

August 1, 2011

Trucking Industry Expert Witnesses

Trucking industry expert witnesses may consult on issues involving the Department of Transportation, trucking and transportation rules and regulations, and more. In Changes at Port Terminals Needed to Improve Operations, Not an Act of Congress, truckline.com writes:

Those interested in truly helping truck drivers at the Ports of Los Angeles and Long Beach should advocate relatively quick and easy improvements to drayage operations at marine terminals, not an act of Congress, Kevin Dukesherer, owner of Progressive Transportation Services and founding member of The Clean Truck Coalition, said in a July 8 Op-Ed in The Daily Breeze.

Read more: truckline.com.