April 30, 2012

Trucking Expert Witnesses & Hot Fuel

Trucking expert witnesses may testify on transportation charges, fuel charges, fuel surcharges, and more. In the news, Valero Energy Corp, Casey's General Stores Inc., and Wal-Mart have approved a settlement regarding hot fuel. Consumer groups say that when gasoline and diesel fuel expand in warm months, the consumer gets less energy per gallon. Costco has agreed to convert gas pumps in some states to adjust for fuel expansion.

April 29, 2012

Worker's Compensation Plans Expert Witnesses

Workers' compensation plans expert witnesses may write reports and opine on compensation claims, compensation benefits, and employee claims. In the news last month, Dinesh Sethi, owner of DES Staffing Services, was sentenced in Des Moines, IA, to 57 months of imprisonment for his fraudulent scheme to avoid paying $778,940.00 in workers compensation premiums to Travelers and Liberty Mutual Insurance companies. Chief Judge James E. Gritzner also sentenced Sethi to a 5 year term of supervised release, $778,940.00 in restitution and a $100.00 Crime Victim Fund assessment.

Sethi directed the creation of two shell companies, Staffing Professionals and KDM Staffing, and transferred DES employees to those entities to avoid the larger workers compensation premiums DES owed as a result of its accident and claims history.

April 28, 2012

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may testify on health care fraud, insurance claims, medical insurance, and correlated matters. In the news this month, Angela Shae Ellison, 45, was charged in Des Moines, IA, with defrauding Medicaid and health insurers of more than $700,000, for medical services that were never performed. The US Attorney’s Office for the Southern District of Iowa says Ellison submitted false insurance claims to Medicaid, WellMark Blue Cross/Blue Shield, Aetna and United Health.

April 27, 2012

Apartment Security Expert Witness in $20M Litigation Part 1

Apartment security expert witness John Harris conducted a forensic evaluation and opined in litigation that resulted in a $20 million award to a female tenant who was raped in her apartment at Promenade Culllen Park in Houston, TX. The jury awarded $7 million for physical pain and mental anguish, $5 million for future mental anguish and $8 million for violating the Texas Deceptive Trade Practices Act.

The security forensic evaluation conducted by John Harris included a risk assessment to determine the threat level and a security vulnerability assessment to determine appropriate countermeasures to mitigate risk.

More to come.

April 26, 2012

Human Resources Expert Witness Testifies In American Airlines Bankruptcy Hearing

Human resources expert witness Jerry Glass, president of F&H Solutions Group, testified in the American Airlines’ Section 1113 (Rejection of a Collective Bargaining Agreement) hearing in New York. The senior vice president of American Airlines, Jeff Brundage will testify April 26th. T

April 25, 2012

Engineering Expert Witness On Proposed Treatment Facility

GenPsych's engineering expert witness and architecture expert witness will testify before the Lebanon (NJ) Township planning board on a proposed addiction treatment facility. GenPsych provides outpatient psychiatric and substance abuse services. The planned conversion of an office building would be their first residential facility.

April 24, 2012

Psychopharmacology Expert Witness Testifies In Manslaugher Case

Psychopharmacology expert witness Dr. Robert Julien testified in the Marion County Circuit Court (OR) case of Sophia Downing who was found guilty of all charges in a fatal 2010 crash. The jury found her guilty of two counts of first-degree manslaughter and one count each of second-degree assault, driving under the influence of intoxicants and reckless endangerment.

April 23, 2012

Health Care Fraud Expert Witnesses

Health care fraud expert witnesses may write reports and opine on insurance coverage, insurance companies, and associated matters. In the news this week, Peter Enzinger, the former head of a medical supply company, was sentenced in Portland, ME, to 2 1/2 years in prison for health care fraud. Enzinger and his company billed for products that weren't delivered and charged for more expensive items than the customer received.


April 22, 2012

Patents Expert Witnesses

Patents expert witnesses are qualified to testify on software patents, invention patents, and international patents, as well as related issues. Nicholas Carlson, deputy editor at Business Insider, writes that the U.S. International Trade Commission judges are expected to release findings in Motorola Mobility patent infringement cases against Microsoft Corp. this week. Nicholas Carlson covers media and advertising for Business Insider.

Read more: businessinsider.com.

April 22, 2012

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may consult and testify on insurance claims, the insurance industry, insurance class actions, and associated topics. In the news this week, 16 people in Miami were charged with insurance fraud and grand theft for filing fraudulent personal injury protection insurance claims.

April 21, 2012

Night Club Security Expert Witness On Security Risks Part 4

In Security for Bars, Taverns and Nightclubs, bars and taverns security expert witness Ralph Witherspoon, CPP, CSC, writes on Club Operation:

Management decides which type customers it will attract based on the club's location, the atmosphere and music format it provides, plus its advertising. Promotions of "two-for-one" drinks, $ .75 "jello shots", or large over-sized drinks, or promoting a three or four-hour long "happy hour", also set a tone and attract specific types of patrons. That "tone" will often determine what type problems are likely to arise, and what type and level of security should be provided. Management can, at any time, change the "tone" by changing the music, adding or changing the amount of (any) door cover charge, increasing or relaxing its dress code, changing décor and lighting, changing or eliminating specials, increasing "visible" security, or taking other measures appropriate to their individual facility.

April 20, 2012

Forensic Pathology Expert Witness

Forensic pathology expert witness Larry Blum testified at a Jefferson City, MO, hearing for Ryan Ferguson who was convicted in the 2001 death of Kent Heitholt. Blum is disputing the cause of injuries that was described in the trial and whether Heitholt was killed during a robbery.

April 19, 2012

Medical Expert Witness Testifies In Electric Shock Lawsuit

Medical expert witness Dr. Marc Whaley testified in a Boston court hearing regarding the electric shock treatment of Andre McCollins in 2002. After 32 electric shocks, the 18 year old autistic boy was then left in a three day coma at the Canton, Massachusetts Judge Rotenberg Center. McCollins was permanently damaged by the treatments. Massachusetts Gov. Deval Patrick is considering legislation to ban shock treatments

April 18, 2012

Biomechanics Expert Witness On Forensic Kinesiology

Biomechanics expert witness James Kent defines Forensic Kinesiology

Forensic Kinesiology is the application of human movement science either prior to or within the process of civil or criminal litigation. By applying the principles of normal and pathologic human performance analysis, which includes biomechanics, anatomy, physiology, pathology and clinical medicine, issues pertaining to liability, causation and damages may be objectively evaluated.

April 17, 2012

Patents Expert Witness On Selecting Patent Litigation Expert Part 2

In Product Experience or Expert Experience?, patents expert witness James G. Rice writes:

Because patent litigation is one of the more complex areas of litigation, the expert witness is susceptible to making a critical mistake, for example, during a deposition. From my own experience, it appears that patent litigation is the foremost area of litigation in which technical issues can be strongly interwoven with legal issues. This can lead to the situation during a deposition where what may appear on the surface to be a relatively straight forward technical question can have critical underlying legal implications. I recall being asked during a deposition if a particular element of a claim was a "method." The wording of the claim was not entirely clear on this issue and a less experienced witness might have simply answered "yes" and thus inadvertently have testified in effect that the claim was invalid. Although the attorney the expert is working with during preparation for the deposition may be excellent, it is difficult, if not almost impossible, to anticipate all of the avenues the opposing attorney may take during the course of a deposition. This makes it all the more important that the expert have strong experience in patent litigation.

April 16, 2012

Workers' Compensation Plans Expert Witnesses

Workers' compensation plans expert witnesses may testify on insurance policies, compensation claims, compensation benefits, and affiliated issues. In the news this week, the Massachusetts state Senate is evaluating legislation that would increase the penalty for business owners who do not have workers' compensation insurance. Sponsored by Senator Katherine Clark, S519 would increase the misdemeanor charge to a felony.

Read more: http://www.malegislature.gov/Bills/187/Senate/S00915.

April 15, 2012

Taverns Security Expert Witness On Security Risks Part 3

In Security for Bars, Taverns and Nightclubs, bars and taverns security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks
What are your risks (in dollars) for criminal or negligent acts by your employees or on your property? or, direct costs/loss for such acts? or, litigation costs? or, loss of reputation and customers?

Many of these establishments require security personnel and sometimes security equipment. In many urban nightclubs catering to young adult crowds, it is becoming increasingly common to use metal detectors at the doors to prevent the introduction of knives and guns, as some patrons seek to bring outside conflicts (and violence) into the club.

Some cities such as New York and Las Vegas now have laws, ordinances or “guidelines” as to what specific security measures or equipment bars and nightclubs should provide, or must meet. For the vast majority of cities and counties that do not mandate such requirements, the national standard for management is “reasonable care” based on the nature and location of each individual establishment, and the reasonably foreseeable risks each faces.

In every case an establishment's management has a responsibility to use reasonable measures to provide a safe environment for its customers (invitees) and employees. That responsibility usually includes in the club's parking lot, and sometimes the sidewalks and other areas immediately adjacent to the bar or club which are routinely used by its patrons.

April 14, 2012

Software Patents Expert Witnesses

Software patents expert witnesses may provide reports regarding computer patents, design patents, international patents and associated matters. In the news, United Services Automobile Association has filed a lawsuit stating they did not infringe on Mobile Deposit(R) patents issued to Mitek Systems. Mitek says the USAA branchless banking product infringes on their mobile deposit application.

April 13, 2012

Night Club Security Expert Witness On Security Risks Part 2

In Security for Bars, Taverns and Nightclubs, night club security expert witness Ralph Witherspoon, CPP, CSC, writes:

Risks

Some establishments have a history of fights or violence. These taverns or clubs often cater to a younger, more risk prone crowd. Trendy nightclubs, especially on weekends, may have long lines of young persons eager to get into the current "hot spot." Some bars and nightclubs located near colleges and universities attract young (and frequently underage) people, who then often engage in “binge drinking” or other risky behavior. The playing of pop music, especially by a live band or DJ (often involving a pounding beat), may also be a risk factor since it often creates an atmosphere of intense physical activity, sometimes even reckless abandon. A flashing strobe light show or similar “enhancements” may also heighten the atmosphere, and the risk!

What are your risks (in dollars) for criminal or negligent acts by your employees or on your property? or, direct costs/loss for such acts? or, litigation costs? or, loss of reputation and customers?

April 12, 2012

Bars and Lounges Expert Witnesses

In Alcohol Impairment, Robson Forensic bar and nightclub experts write that when when alcohol is identified as a factor in an injury incident, it is often assumed to be the only cause. Bars and lounges expert witnesses determine if alcohol played a causative or contributing role. Elizabeth A. Trendowski has been working in the liquor and hospitality industry for over twenty years and as an expert she evaluates the actions of establishments serving alcohol and addresses the standards of care in issues of underage drinking.

April 12, 2012

Patent Infringement Expert On AOL Patent Sale

Patent infringement expert James Bessen, a lecturer at Boston University School of Law, commented this week on the increase in patent litigation, specifically the $1.1B sale of AOL patents to Microsoft. Bessen studies the economics of innovation and patents. His book, Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, highlights the problems caused by poorly defined property rights (“patent notice”).

April 12, 2012

Antitrust Expert Witnesses & e-book Lawsuit

Antitrust expert witnesses may provide reports concerning unfair trade practices, the free market, and the Clayton Act. In the news, the Justice Department and several states have sued Apple Inc. and major book publishers in an antitrust lawsuit alleging a conspiracy to raise the price of electronic books. US Attorney General Eric Holder says the pricing practice has added $2 to $5 to the cost of each e-book.

April 11, 2012

Patents Expert Witnesses & AOL Sale Of Patents

Patents expert witnesses may opine on software patents, invention patents, and international patents, as well as related issues. In the news, AOL sold 800 patents to Microsoft for about $1.1 billion. The sale will be scrutinized by the Justice Department in regards to patent and anti-trust laws.

April 10, 2012

Nursing Homes Expert Witnesses & Lawsuit Against Assisted Living Facility

Parties in the case against Heartstone Management Inc., Texas City Assisted Living Ltd., IPH Health Care Services Inc. and Dr. Folasade M. Ojo are asking for more time for discovery and to hire medical and nursing home expert witnesses. Christopher Murphy died of acute renal failure and had infected wounds after a fall at the Texas City Heartstone assisted living facility.

The motion was filed before Judge Barbara Roberts, Galveston County Court.

April 9, 2012

Legal Fees Expert Witness Will Opine In Motiva Case

Robert Hambright will serve as an attorney's fees expert witness in the age discrimination case against Motiva Enterprises. Kurt Floersheim alleges he was terminated in order for younger engineers to be hired.

Motiva Enterprises LLC operations include nearly 7,700 Shell-branded gasoline stations, three refineries with a combined capacity of 740,000 barrels per day, and ownership interest in 41 refined product storage terminals with an aggregate storage capacity of approximately 19.8 million barrels.

April 8, 2012

Night Club Security Expert Witness On Security Risks Part 1

In Security for Bars, Taverns and Nightclubs, night club security expert witness Ralph Witherspoon, CPP, CSC, writes:

The goal of most bars, taverns and nightclubs is to provide a hospitable gathering place where patrons can have a good time, often by listening to entertainment and/or dancing, while purchasing and consuming the establishment's primary product — alcoholic beverages. However, it is the latter item, the consumption of alcoholic beverages that tends to lessen or remove inhibitions in many people, which is the frequent cause of problems and, increasingly, litigation for tavern and club operators.

While potentially applicable to all types of establishments as their circumstances and clientele dictate, this article is primarily targeted toward larger bars and nightclubs, including dance clubs and adult entertainment aka. gentlemen's clubs.

April 7, 2012

Finance Expert Witnesses & FastBucks Case

New Mexico Attorney General Gary King filed a case in 2009 against the lender FastBucks for charging interest rates of more than 650 percent a year. Now, finance expert witnesses are expected to testify that FastBucks preys on the poor, minorities, and financially inexperienced who sign up for “payday loans” from high-interest lenders rather than established banks.

April 6, 2012

Police Procedures Expert Witness Hired in Anchorage Case

The city of Anchorage, AK, has hired a former deputy chief of the Los Angeles Police Department, Lou Reiter, as a police procedures expert witness in the case against former Anchorage police officer and convicted serial rapist Anthony Rollins.

Reiter is with the Legal & Liability Risk Management Institute which offers training and services for law enforcement, jails and corrections, and risk managers.

April 5, 2012

Forensic Science Expert Witness Training

The DNA Initiative is offering a 13 module training course entitled Introduction to Law 101: Legal Guide for the Forensic Expert. The course was produced by the National Clearinghouse for Science, Technology and the Law (NCSTL) at Stetson University College of Law with funding from the National Institute of Justice.

More info: http://www.dna.gov/training/law101.

April 3, 2012

New Michigan Law For Expert Witnesses &

Michigan Lawyer blog author Ed Wesoloski writes that expert witnesses can testify at criminal and civil trials via two-way interactive video under 2012 PA 68, signed into law by Gov. Rick Snyder. The law takes effect June 1 and is expected to reduce travel expenses for experts.

Read more: http://michiganlawyerblog.wordpress.com/author/milw/.

April 2, 2012

Insurance Fraud Expert Witnesses

Insurance fraud expert witnesses may consult and testify on insurance claims, the insurance industry, insurance class actions, and associated topics. On its website, the California Department of Insurance offers search capability back to 2001 in their Formal Enforcement Actions.

Use this page to find pleadings and other legal documents related to formal enforcement actions that the Department has taken against insurance companies, agents, brokers and other Department licensees. Examples of documents you may find include Accusations, Orders to Show Cause, Notices of Non-Compliance, Final Decisions and Orders of the Commissioner and Appellate Orders. See insurance.ca.gov.