June 30, 2012

Psychology Expert Witness & Miranda Rights

Psychology expert witness William Meadows will testify in the defense of thirteen year old Duvall County, Florida, resident Cristian Fernandez. The expert had been slated to testify for the prosecution but now believes Fernandez did not understand his Miranda rights and will testify for the defense.

Fernandez is charged with the murder of his two year old half brother and sexual molestation of his five year old half brother.

June 29, 2012

Construction Site Expert Witness On Exclusion Of Expert Testimony Part 1

In Attempting to Exclude Expert Testimony, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Because the use of expert witnesses at trial is increasing, it comes as no surprise that attempts to exclude expert testimony are also increasing.

The first and most common is a motion in limine, often made before the trial or before the expert witness testifies. In a motion to the court, the attorney attempts to make a clear and convincing argument that the witness is unqualified to render his or her opinion. The second approach, often combined with the motion in limine, is to move for a voir dire examination of the expert.

Voir dire is a legal phrase referring to an oath to tell the truth (Latin verum dicere), i.e., to say what is true, what is objectively accurate or subjectively honest, or both. A voir dire examination is really a diminutive cross-examination in an attempt by the opposing counsel to expose an expert’s lack of qualifications on the area about which the expert intends to offer opinion testimony. In other words, a voir dire examination allows the opposing attorney to interrupt the direct examination and conduct, in part, his cross-examination.


June 28, 2012

Collecting Web Based Evidence

In Making Your Screen Shot Count - How to Defensibly Collect Web Pages and Social Media Posts When Risk of Spoliation is High or it is Infeasible to Collect from the Web Host, Paul Easton and Tom Klaff discuss electronic discovery and web based documents. They cite Arteria Property Pty Ltd. v. Universal Funding V.T.O., Inc. which states " This Court sees no reason to treat websites differently than other electronic files."

Read their article on the challenges of collecting web based evidence.
www.paralegalknowledge.com.

Paul C. Easton, Esq., is Managing Director, Global Colleague LLC. Tom Klaff is CEO, Surety LLC.

June 27, 2012

Pharmacology Expert Witness & Murder Defense

Will County, IL, Judge Daniel Rozak is disallowing pharmacology expert witness testimony for the defense in the murder case against Christopher Vaughn. Vaughn, charged in the death of his wife and three children, is alleging that migraine medication his wife was taking led her to kill their three children and herself. The jury will hear a description of Topamax, including safety warnings.

June 26, 2012

Environmental Toxicology Expert Witness & Oregon Guard Case

Environmental toxicology expert witness Dr. Herman Gibb testified for Oregon Guard soldiers in their case against KBR, defense contractor at an Iraqi water treatment plant. The soldiers say they were exposed to unsafe levels of the carcinogen hexavalent chromium. Dr. Gibb is the President of Tetra Tech Sciences, a health risk assessment company located in Alexandria, VA, and previously worked for the EPA.

June 25, 2012

Economic Damages Expert Witnesses & Apple v. Motorola Case

U.S. Circuit Judge Richard A. Posner in Chicago excluded damages expert witness testimony in Apple v. Motorola (1:11‐cv‐08540), ruling that neither Apple nor Motorola have been able to prove damages and will not be allowed to refile a claim. Regarding expert testimony, Judge Posner said:

The biggest challenge to the judge at a Daubert hearing, if as in this case the subject matter of the proposed expert testimony is within the judge’s comprehension, is to distinguish between disabling problems with the proposed testimony, which are a ground for excluding it, and weaknesses in the testimony,
which are properly resolved at the trial itself on the basis of evi‐
dence and cross‐examination.

June 24, 2012

Sexual Abuse Expert Witnesses

The Pennsylvania House of Representatives signed off on a bill allowing rape expert witnesses to testify for the prosecution. If approved, Pennsylvania will be the last state to adopt such a law.

June 23, 2012

Emergency Response Times Expert Witness Testifies In Fire Station Response Case

Emergency response times expert witness Robert C. Krause, M.S., EMT-P, testified in Copley v. Fairlawn Rothrock Road regarding response times from three fire stations to Copley Place, OH. Krause is an expert in Emergency Vehicle Driving Procedures & Standards and Fire Communications & Dispatch Procedure.

June 22, 2012

Building Codes Expert Witness Testifies In Case Against Builder

Building codes expert witness Francis Newhams testified in the case against Montgomery County, PA, builder R. Bruce Fazio. Fazio, builder of a 26 unit condo that was condemned in 2010, is charged with criminal endangerment due to poor construction of the residences. Newhams serves as Zoning & Building Official for West Nantmeal Township, PA, and said the condo was built without approved plans.

June 21, 2012

Expert Witnesses In Slip & Fall Cases Part 4

In More effective use of experts in slip-and-fall cases - The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes:


There is a second reason (besides
trial) to retain an expert. A good expert
can help you prepare the case. The
expert can (and should):
Help you prepare for key defense depositions,
particularly the “Person Most
Qualified” deposition.
• Make you aware of minefields to be
avoided at your client’s deposition.
• Educate you about issues you might
have missed.
• Recognize when another type of expert
is needed, and suggest names.
• Provide a declaration to defeat a summary
judgment motion.
• Help you decide whether to settle or
go to trial.
• Give you a reality check as to your
chances for success.
• Assess the opposing expert, the
expert’s opinions and assist in preparing
you for cross-examination at the expert’s
from the defense in written discovery.

(The Advocate Magazine, March 2012)

David Reinard is AV-rated by Martindale-Hubbell, a member of ABOTA, and is regularly designated a Super Lawyer. He has tried dozens of cases throughout California.

June 18, 2012

Environmental Toxicology Expert Witnesses

Environmental toxicology expert witnesses may write reports and testify regarding toxic chemicals exposure, including PCBs, benzene, lead, asbestos, and correlated matters. In Tucker County Circuit Court, WV, Paul Wamsley filled a wrongful death suit against G.A. Brown & Son, Inc., after his mother died from inhaling dust at a construction project. Wamsley says his mother inhaled materials including lead and asbestos which led to pneumonia and her death.

June 17, 2012

Paralegal Knowledge Institute Medical Records Course

The Paralegal Knowledge Institute is presenting Medical Records: Unraveling Mysteries to Analysis and Interpretation Online, Live Course - 3 Sessions. This three-part series will allow you to become more effective when requesting and reviewing medical records.

Course instructor is Anne Pile - 21 years working in the field of nursing with a wide range of specialties, including intensive and cardiac critical care, interventional radiology, general radiology, peripheral central venous access, post-operative and post-procedure recovery, conscious sedation, ambulatory care, urgent care, and transport of critical care patients to other health care facilities via fixed-wing aircraft and ambulance.

More information: http://www.paralegalknowledge.com/Default.aspx?pageId=1297863

June 16, 2012

Patents Expert Witnesses & Apple v. Samsung

Patents expert witnesses may provide reports regarding computer patents, design patents, international patents and licensing. In the recent Apple v. Samsung patent case, Samsung took a slap at Apple's expert witnesses, saying they show “slavish adoration” to the company.

June 15, 2012

Night Clubs Expert Witnesses

Night clubs expert witnesses may advise regarding bar security, lounge security, and night club security. In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes:

"Crime Prevention Through Environmental Design" is a concept which blends psychology, architectural design, landscape and open space planning, physical security systems, lighting design, visual surveillance opportunities, access control, crime history, and general crime prevention theory to create an inherently crime free environment. Projects built - or remodeled - under this concept have security and crime resistance measures incorporated into their basic design. This approach is substantially more effective from both a performance and cost standpoint than addressing security concerns after project completion. The Environmental Design approach to crime prevention is applicable in virtually any residential, commercial or special use setting.

Read more: http://www.crimewise.com/library/lr&a.html.

June 14, 2012

Forensic Engineering Expert Witnesses

Forensic engineering expert witnesses may opine on reverse engineering, failed components, metal fatigue. and more. On his website, Dave McLellan answers the question: Why Hire a Chief Engineer as a Forensic Engineer And Expert Witness?

During interviews with lawyers, I have been asked if I am a Professional Engineer? The answer is, No. I am an automotive engineer. Being state certified as a Professional Engineer makes sense if you’re designing and building a bridge or a building where you design it, build it and then wait years hoping it doesn’t collapse. In fact, it is impossible to test bridges and buildings to failure, but we do exactly this with every vehicle program in the automobile business. The bridge builder just has to wait and see.

Read more: www.davemclellanlegal.com

June 13, 2012

Internet Expert Witness White Paper On Open Internet Rules

Internet expert witness Barbara van Schewick has published a new white paper discussing the FCC’s Open Internet rules. Schewick is faculty director of the Center for Internet and Society at Stanford Law School and a professor of law and electrical engineering at Stanford University. The full paper and an executive summary can be downloaded here: http://cyberlaw.stanford.edu/publications/network-neutrality-and-quality.

June 12, 2012

Expert Witnesses In Slip & Fall Cases Part 3

In More effective use of experts in slip-and-fall cases - The right expert will help you to better prepare the case and win it at trial, attorney David Reinard writes:

Unfortunately, juror common sense
in a slip-and-fall can be boiled down to
this: “Anyone who falls wasn’t paying
attention.” The reality – as we all know –
is different. People acting reasonably often
fall, through no fault of their own. You
need to have an expert to explain why.

There is a second reason (besides
trial) to retain an expert. A good expert
can help you prepare the case. The
expert can (and should):
• Determine very quickly (i.e., before you
spend much money) if your theory is viable.
• Perform an early site inspection to preserve
evidence of the site’s condition.
• Inform you about codes, standards and
industry practices.
• Help you get the right information
from the defense in written discovery.


(The Advocate Magazine, March 2012)

David Reinard is AV-rated by Martindale-Hubbell, a member of ABOTA, and is regularly designated a Super Lawyer. He has tried dozens of cases throughout California.

June 11, 2012

Computer Forensics Expert Witness To Testify In Aldawsari Case

Computer forensics expert witness Evan Kohlmann, head of New York-based Flashpoint Global Partners, will testify in the case against Khalid Ali-M Aldawsari. The Saudi student is charged with attempted use of a weapon of mass destruction. Kohlman is also an American terrorism consultant who has worked for the FBI and other governmental organizations.

June 10, 2012

Trucking Expert Witnesses & Federal Compliance Safety Accountability

Trucking expert witnesses may opine on motor carrier fleet management, interstate motor carrier operations, federal motor carrier safety regulations, and related topics. Recently, the Board of Directors of American Trucking Associations called on the Federal Motor Carrier Safety Administration to make changes to its safety-monitoring system Compliance Safety Accountability.

“From the outset, ATA has supported FMCSA’s efforts to improve its enforcement capabilities through CSA,” ATA President and CEO Bill Graves said. “Through CSA’s development and implementation the agency had been responsive to suggestions and made an effort to improve the program as needed. However, recently our members have become concerned that the agency has become increasingly unresponsive, even in the face of data and logic.”

Read more: trucking.org.

June 9, 2012

Environmental Expert Witness & New Jersey Solar Project

Environmental planner expert witness Barry Chalofsky testified at a Raritan Township, NJ, public hearing on Garden Solar's plan to install up to 7,940 ground-mounted solar panels on an existing tree farm. Neighboring residents are concerned the fourteen acres of solar panels will lower their property values

June 8, 2012

Insurance Expert Witness On Reinsurance Disputes

In Mediating Reinsurance Disputes, insurance expert witness Peter A Scarpato writes:

For certain reinsurance disputes in the US, mediation is an available, effective but often misunderstood and underused process for companies seeking an efficient, cost-effective alternative to arbitration or litigation.

As the aggravation, expense and time required to arbitrate or litigate escalate, parties are beginning to opt either by contract or ad hoc agreement to mediate reinsurance disputes. For them, depending upon the case, LESS IS MORE; that is, compared to arbitration or litigation, mediation is a less aggressive, less costly, less damaging and less divisive alternative to tip the balance of POWER AND OPPORTUNITY in the parties’ favor. A careful, experienced and patient mediator views disputes between parties, not as a battle, but as an OPPORTUNITY to give them the POWER to structure a resolution that best meets their respective short and long term needs.

Read more: http://www.insuranceexpertnetwork.com.

June 7, 2012

Autopsies Expert Witness On Death Of Five Month Old

Montgomery County, PA, Coroner Dr. Walter Hofman served as an autopsies expert witness in the case against Melissa Haskell, charged with the death of five month old Ryan Baurley in 1992. The expert said the 20 year old autopsy missed signs that the death was a homicide and not due to SIDS.

June 6, 2012

Pain Medications Expert Witness Testifies In Overdose Case

Pain medications expert witness Dr. Walter Strauser testified in the case against Dr. Hsiu-Ying "Lisa" Tseng who is charged with the deaths of three patients. Strauser said Tseng did not properly examine or prescribe medications which resulted in the deaths of three young men. Tseng is facing 20 felony counts of prescribing drugs to people with no legitimate need for them.

June 5, 2012

HR Forensic Investigations Seminar

The Paralegal Knowledge Institute presents HR FORENSIC INVESTIGATIONS, June 11, 2012.

Forensic analysis is much more than just "find the deleted files." Employers (particularly HR departments) may be surprised to hear the advantages that a forensic investigation and proper protocols can offer. It ranges from a
variety of applications including employee policy violations, theft of intellectual property and company documents, violation of laws and regulations, intrusions and much much more.

We'll cover these topics and share with you some real life case studies of how a proactive approach to investigations can prove invaluable.
We'll Cover:
• Forensics 101
• Deleted Documents
• Webmail (Gmail, Yahoo,etc.)
• Restricted, Protected and Corrupted Files
• External Media - What left with the employee?
• Forensic Collections (and Advantages)

More information: http://paralegalknowledge.com/

June 4, 2012

Forensic Pathology Expert Witness On Pasadena Police Case

Forensic pathology expert witness Dr. Cyril Wecht reviewed and opined on the autopsy report of Kendrec McDade who was shot and killed by Pasadena police officers on March 24. Wecht says there are disparities between the LA County Coroner report and the police report. The McDade family has filed federal civil rights lawsuits against the city of Pasadena as well as individual Pasadena police.

June 3, 2012

Residential Real Estate Expert Witnesses On Proposed Project

Residential real estate expert witnesses for the the multifamily residential developer TMB Partners LLC testified at the Livingston, New Jersey, Planning Board meeting regarding a proposed apartment complex. Residents are concerned about noise and traffic that would come with the new 62 unit development.

June 2, 2012

Sexual Abuse Expert Witness OK'd To Testify

A Cassia County, ID, judge ruled that a sexual abuse expert witness may appear in defense of former teacher Alvin Andrew. Andrew is charged with felony counts of lewd conduct with a child under 16 and sexual abuse of a child under 16. The trial is expected to begin June 5th.

June 1, 2012

Forensic Psychology Expert Witness On Possible False Confession

Forensic psychiatry expert witness Dr. Clarence Watson reported that David Granskie Jr. may have given a false confession in the death of Carolyn Stone due to heroin addiction. The evidence will be weighed in July in Somerset County Superior Court, NJ.