February 28, 2012

Accident Reconstruction Expert Witness On Bus Fatalities

Accident reconstruction expert witness Jonathan Anna testified in the case against megabus driver John Tomaszewski in Onondaga County Court NY. The expert testfied that two victims were killed when they struck the bridge directly and the other two were crushed in the wreckage. The defenandt is charged with four counts of criminally negligent homicide.

February 27, 2012

Bad Faith Expert To Speak At Nevada Paralegal Association Seminar

The Nevada Paralegal Association has announced their annual seminar will be in conjunction with The Legal Assistant’s Division of the State Bar of Nevada on Saturday, April 21, 2012, at Harrah’s Las Vegas. The speakers include insurance bad faith expert Hilary Muckleroy who will speak on Employment Law - Title VII, ADA, GINA.

February 26, 2012

Construction Site Expert On OSHA Regulations Part 3

In OSHA Regulations and their Complexity construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Get it in writing

When trying to decide how to apply a rule, ask for it in writing to make sure it supports the corresponding standard or official position of the agency, and utilize the document as demonstrative evidence. When it comes to regulations, their ambiguity can be the expert’s worst enemy in the issue of “to a reasonable degree of certainty.” Don’t be afraid to ask for the answers in writing from OSHA or other governing agencies.

OSHA provides an invaluable resource on rulings, and interpretations. Visit OSHA’s Letters of Interpretations for more information.

Conduct comprehensive research, especially where there are seemingly ambiguous rules and agency complexities regarding them. Experts need to clarify and resolve the issue or issues at hand. You will best serve your client by being thorough.


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

February 25, 2012

Entertainment Expert Witnesses & Rogue Websites Part 1

Entertainment expert witnesses may opine on motion picture distribution, media formats, and media piracy. The Motion Picture Association of America website describes how rogue websites traffic in stolen movies, TV shows, and music or even counterfeit prescription medications and other goods.

These sites are located throughout the world, and while they often look legitimate - featuring advertising from reputable companies, accepting major credit cards - they're really online havens for theft, enabling criminals to profit from content or intellectual property they had nothing to do with creating.

February 24, 2012

Patents Expert Witnesses & Motorola v, Apple

Patents expert witnesses may opine on computer patents, design patents, international patents and associated matters. In the news, Motorola lost a patent dispute in Munich against Apple regarding the "slide to unlock" feature on smartphones. The high court decided that two of the devices made by Motorola Mobility that are "unlocked" by sliding an icon across the screen infringe on Apple's patent.

February 23, 2012

Media Expert Witness On Major Media Logo

In TRADEMARKS, INJUNCTIONS, AND eBAY v. MERCEXCHANGE: FROM AN EXPERT’S PERSPECTIVE media expert witness Michael A. Einhorn, Ph.D. writes:

This article is based on an expert analysis that I recently performed in a matter that concerned the unauthorized taking of a trademarked logo by a major media company. The facts of the case were as follows. Plaintiff in the year 2006 began providing conference services under a trademarked logo. Defendant appropriated use of the logo as a slogan for marketing of its similar offering in the year 2010. Plaintiff sought a Preliminary Injunction to stop immediately all infringing uses of the logo, so implicating the possibility of irreparable harm in the defendant’s use.

Read more: TRADEMARKS, INJUNCTIONS, AND eBAY v. MERCEXCHANGE.

February 22, 2012

Video Content Expert Witness & Patents

Video content expert witness Robert Schumann currently holds 13 issued and 11 pending US patents with many having foreign equivalents. These patents cover a broad range of technologies including digital watermarking, forensic watermarking, digital video analysis, digital video processing, digital video compression, digital video display, real-time systems, transaction processing, operating systems, and file management as well as DMCA technologies such as content encryption, key management, content protection, and anti-tamper technologies.

February 22, 2012

Paralegal Knowledge Institute Online Course

The Paralegal Knowledge Institute is offering the online programs Paralegal's Role in Trial Preparation and Paralegal's Role at Trial on Feb 29, Mar 14, Mar 28, April 11.

Classes include :
Case Management & Legal Holds which includes working with Witnesses and Exhibits

Fact Finding and Evidence Management

Documentary Discovery

More information: http://www.paralegalknowledge.com/.

February 21, 2012

Royalties Expert Witness On The Entire Market Rule

In REASONABLE ROYALTIES AND THE ENTIRE MARKET VALUE RULE, royalties expert witness Michael A. Einhorn, Ph.D. writes:

Market-based royalty agreements based on negotiated bases and rates in comparable licenses then are practical guideposts that any court can consider in determining a reasonable royalty benchmark. There is no reason to attempt to determine whether the licensed feature drives demand. Nor is there much need to ponder whether the individual infringing and non-infringing components are sold together so that they constitute a functional unit or are parts of a complete machine or single assembly of parts, nor whether the component have a real or anticipated financial basis for market demand, single assembly, and a functional unit basis for market demand, single assembly, and a functional unit.

February 21, 2012

Construction Site Expert On OSHA Regulations Part 2

In OSHA Regulations and their Complexity construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Pick up the phone

Instead of beating your head against the wall endlessly searching OSHA or other agency websites, just pick up the phone and call them. You can even do so anonymously. This is one of the most expedient ways to make sure you get the right answers to your specific question. Too often people send off a sterile email that does not get a timely reply or the reply only provides you with more questions. To get the answers you need in a timely fashion, pick up the phone and talk to a real person; get a sense of their point of view, knowledge and conviction.

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

February 20, 2012

Security Expert Witness On Expert Witness Testimony

In Tips for Using an Expert Witness Effectively, security expert witness Eric Coles writes:

In our culture we are urged to "trust the expert" – even in a court of law. The simple fact that the testimony of an expert witness is admissible in a trial shows how much we value the opinions of people who are considered authorities in their fields. This can have a very persuasive effect on a case, as long as the experts are carefully chosen and thoroughly prepared. Here are some tips for using an expert witness successfully. http://drericcole.blogspot.com/

February 19, 2012

Insurance Coverage Expert Witness Testified In Case Of Drowning Death

An insurance coverage expert witness testified in the Birmingham, AL, trial of Gabe Watson, charged with murder in the drowning death of his wife. Tina Thomas Watson died during their Australian honeymoon in 2003. The expert testified that Mrs. Watson could not increase her life insurance before her marriage which called into question the motive that her husband planned to benefit from her policy.

February 18, 2012

Media Expert Witnesses & Media Piracy

Media expert witnesses may opine on media piracy, media formats, mass media, and related topics. In the news this week, the European court of justice has ruled that social network website Netlog is not required to install an an anti-piracy filtering system. The Belgian firm Sabam wanted Netlog and other social networks to monitor video and music posted by users in order to avoid copyright infringement.

Read more: curiaeuropa.eu.

February 17, 2012

Patents Expert On Apple-Samsung Lawsuit

In Last week's Apple-Samsung lawsuit involves eight patents, 17 products -- bid for Nexus ban is based on only a subset, patents expert Florian Mueller writes:

On Saturday, I reported on Apple's request for a U.S. preliminary injunction against the Samsung Galaxy Nexus (co-developed by Google) based on four patents. At the time, the main complaint was not publicly accessible, but I expected it to involve a broader set of allegations....

For the preliminary injunction bid, Apple focused on only one out of 17 products (all of them are listed further below), and on four out of eight patents.

Florian Mueller is an award-winning intellectual property activist-turned-analyst with 25 years of software industry expertise. Read more: http://fosspatents.blogspot.com/

February 16, 2012

Neurology Expert Witness Testified In Death Of UVA Lacrosse Player

Neurology expert witness Dr. Jan Leestma testified in the murder trial of George Huguely V that UVA lacrosse player Yeardley Love was responsible for her own death. The neuropathologist says Love had at least 7 drinks before her death in 2010 and may have suffocated.

February 15, 2012

Construction Site Expert On OSHA Regulations Part 1

In OSHA Regulations and their Complexity construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Staying competent with OSHA, EPA or other agency regulations can be difficult and sometimes exasperating. This can be particularly challenging when the people charged with their enforcement are sometimes a little fuzzy about their interpretation and application. Still, organizations and contractors are held responsible for understanding the rules and regulations under which they operate. So the complexity of agency regulations and the obscure manner in which they are sometimes published and enforced must also be clearly understood by experts.

Find the right path
Having more than one person, such as a research assistant, look for answers or even figure out exactly what questions to ask can be a big help. I will often have two or three of my research assistants look into a tough question or the applicability of an ambiguous rule or regulation. We sometimes can’t see the forest for the trees. Also, don’t be afraid to reach out to industry colleagues to tap into their information and experience. This just may lead you down a path you had not previously considered.

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

February 14, 2012

Securities Expert Witness & Brokerage Firms

Securities expert witness Craig McCann, a former SEC economist, is founder of the Securities Litigation and Consulting Group in Fairfax, Va. He testified on behalf of Bobby L. Hayes who was awarded $1.38M from Banc of America Securities, now Merrill Lynch.

In the news this week, brokerage firms are trying to block his testimony as an expert.

February 13, 2012

Document Examination Expert Witness On Reasonable Scientific Certainly

In Reasonable Scientific Certainty, document examination expert witness Dennis Ryan writes:

A recent report by the Criminal Justice Section of the American Bar Association (ABA) to their House of Delegates addresses the common term “Reasonable Scientific Certainty.” This term or a variant of the term has been seen frequently in many expert reports and has been called a requirement by many who use our expert reports. The ABA report recommends that this phrase be avoided because it has no scientific meaning.

The ABA report calls this term ambiguous and it appears to be used to measure the degree of confidence of the expert in his or her conclusions. This ambiguity can cause the expert’s conclusions to be misinterpreted by anyone that reads the expert report.

Different courts that have required this term in expert reports have been quite surprised to hear in testimony that there was a wide gap in the interpretation of the term Reasonable Scientific Certainty; i.e. possible versus probably or identification.

The ABA report speaks about Federal Rule 401 and states “there is no requirement in the Federal Rules of Evidence that the expert’s opinion be expressed in terms of “probabilities.” In a case United States vs. Cyphers, the defense attempted to exclude expert testimony because the expert did not express their opinion to a reasonable degree of scientific certainty. The Seventh Circuit, in that case, ruled that there was no such requirement.

There are many variations that are used for the term reasonable scientific certainty. We have heard “reasonable degree of forensic certainty,” and “reasonable degree of document certainty” and in the ballistics field “reasonable degree of ballistics certainty.” These variations have likely emanated from the term “reasonable medical certainty” which some interpret as more likely than not. The ABA report expresses some concern that a jury would translate “scientific certainty” as “more likely than not.”

Dennis Ryan is a Board Certified* Forensic Document Examiner. For 16 years, he was the Forensic Document Examiner and Laboratory Supervisor for the Nassau County Police Department in New York.

February 12, 2012

Video Expert Witness & Excessive Force Case

US District Court, E.D. Wash. Judge Frederick L. Van Sickle has granted a request for a former Spokane Police Officer to interview a government expert witness. Karl F. Thompson Jr. was convicted of using excessive force and lying to cover up his actions in the death of Otto Zehm. Video forensics expert witness Grant Fredericks claims prosecutors left out information that would have helped Thompson.

February 11, 2012

Insurance Expert Witnesses

Insurance expert witnesses may advise on issues involving insurance claims, insurance adjusters, insurance agencies, and insurance rates. In the news this week, Senator Mike Johanns is looking into whether the 90% increase in long term care insurance quoted to a 67 year old Nebraska woman is justified.

February 10, 2012

Patents Expert Witness On Pharmaceutical Patents Part 2

On his website, patents expert witness Manfred E. Wolff writes:

Crucial goals in patent preparation to minimize such pitfalls--both "design around" attacks and invalidation attacks--include strict attention to the question "what is the correct identification of the invention"; full disclosure of the invention; fully enabling the invention; correct listing of inventorship; clear understanding of the prior art; and the preparation of broad, carefully crafted claims that are fully supported by the disclosure.

The utilization of patent professionals who have broad managerial experience in industrial pharmaceutical R&D--particularly when the inventors are relatively inexperienced regarding some of these pitfalls--markedly facilitates the attainment of these goals and is a highly effective means to produce bullet-proof patents. Intellepharm patent professionals have the experience and insight into these issues to make this possible.

Manfred E. Wolff has been involved in strategic planning for pharmaceutical research since 1988, first with a subsidiary of SmithKline Beckman, and later as Senior Vice-President for R&D at Immunopharmaceutics, Inc. Since founding Intellepharm, Inc., he has conducted planning sessions for a number of biotechnology start-ups.

February 9, 2012

Insurance Claims Expert Witness On The Use Of An Insurance Expert

In The Use of an Insurance Expert, insurance claims expert witness Barry Zalma writes:

In California, and other states, an expert must have some first hand experience in insurance and insurance claims handling to qualify to present testimony. Once qualified it is essential that the expert is able to credibly explain to a trier of fact, in easy to understand language, to the party seeking to prove bad faith or a defense to bad faith. A qualified insurance claims handling expert can explain why or why not the insurer reasonably, prudently and in good faith should reject or accept an insured's claim. The testimony of the expert can defuse, if not eliminate, the plaintiff insured's allegations of bad faith. A qualified expert can show that an insurer failed to fulfill the custom and practice of insurers in the jurisdiction.

February 7, 2012

Accident Reconstruction Expert On Collisions

Allegan County, MI, sheriff's Sgt. Chris Kuhn is an accident reconstruction expert. With traffic accidents increasing due to distracted drivers, Kuhn said a June 28, 2010, crash in Allegan County could have been fatal. The expert said the only reason no one died was because it was a head on collision and that cars are built to sustain those type of accidents rather well.


February 6, 2012

DNA Expert Witness Testifiies In Sexual Assault Case

A DNA expert witness from the Minnesota Bureau of Criminal Apprehension testified that DNA recovered from the victim's body matches that of defendant John Fitzgerald Thomas. Thomas is accused of sexually assaulting a woman in North Mankato, MN, in February 2011.

February 5, 2012

Patents Expert Witness On Pharmaceutical Patents Part 1

On his website, patents expert witness Manfred E. Wolff writes:

In today's competitive environment, existing pharmaceutical patents are at risk from a number of pitfalls.

In particular, "Designing Around" (i.e., developing a chemical entity, device, or method that avoids the claims of an existing patent) is a legal means for producing new products to compete with existing patented products.

Moreover, would-be competitors have enhanced incentives to invalidate patents. Under the terms of paragraph 4 of the Hatch-Waxman legislation, invalidation of a US patent provides 180 days of regulatory exclusivity to a generic manufacturer. The value of 180 days of exclusivity for the generic version of a patented $500 million drug is such that a legal challenge to the patent is highly attractive financially.

Manfred E. Wolff has been involved in strategic planning for pharmaceutical research since 1988, first with a subsidiary of SmithKline Beckman, and later as Senior Vice-President for R&D at Immunopharmaceutics, Inc. Since founding Intellepharm, Inc., he has conducted planning sessions for a number of biotechnology start-ups.

February 4, 2012

Insurance Expert Witness On Bad Faith

In How to Avoid Charges of Bad Faith, insurance expert witness Barry Zalma writes:

Almost every lawsuit filed against an insurance company, especially when a claim is denied, alleges that the insurer acted in bad faith. In the first party context, bad faith claims typically allege that the insurer did not have a reasonable basis to deny coverage, and that the insurer engaged in unfair or deceptive conduct in the process of handling the claim and reaching its conclusions regarding coverage. In the third party context, there is typically an allegation that the insurer failed to timely settle a claim in which liability had become reasonably clear. Insurers, with unfounded courage, deny claims based on the recommendations of a claims handler whose experience may be, and usually is, limited.

February 3, 2012

Trucking Expert Witnesses & Bendix Press Release

Trucking expert witnesses may testify on trucking safety, commercial motor vehicles, truck maintenance, and related matters. In the news this week, Bendix Commercial Vehicle Systems has notified customers and the National Highway Traffic Safety Administration that its ATR-6 valves installed on as many as 60,000 vehicles may be faulty and cause breaking problems. Many of the vehicles manufactured between Dec. 2, 2010 and Jan. 18, 2012 will be retrofitted and delivery of new vehicles has been postponed.

Read more: http://www.bendix.com/en/.

February 2, 2012

Real Estate Expert Testifies On Behalf of FDIC

Real estate expert witness Michael K. Ryan, President of CastleLyons Corporation, was selected to provide testimony on behalf of the FDIC in proceedings against a dissolved bank. Ryan was asked to share his expertise on a number of matters regarding real estate entitlement, development, and standard of care issues that the case involved.

Read more: http://castlelyons.net/.

February 1, 2012

Transportation Expert & Cell Phone Use

Transportation expert Deborah Hersman, chairwoman of the N.T.S.B., an independent federal agency which promotes traffic safety and investigates accidents, says the concern over cell phone use is increased due to more powerful phones that people can use to e-mail, watch movies and play games.

Every year, new devices are being released. People are tempted to update their Facebook page, they are tempted to tweet, as if sitting at a desk. But they are driving a car.