July 31, 2012

Real Estate Appraisal Expert Witness On $2.6M Damages Case

Real estate appraisal expert witness Ron Zitzow testified for Aurora County regarding the value of the South Dakota Thompson Farms dairy. Thompson Farms is seeking $2.6 million in damages saying that a county ordinance forced their business to close. Zitzow testified their were no damages as a result of the county ordinance.

July 30, 2012

Cell Phones Expert Witness Testifies In Murder Trial

Cell phones expert witness Jeff Strohm testified in the murder trial against Preston Strong. Strohm is a custodian of records for Sprint Nextel Communications and explained how cell phones search for the strongest signal which is usually dependent upon distance to the tower. Defense attorney Kristi Riggins argued that Strong may not have been in the vicinity of victim Dr. Satinder Gill's Yuma home.

July 29, 2012

International Patents Expert Witnesses

International patents expert witnesses may provide reports and testify regarding computer patents, design patents, and international patents and licensing. This week, in a patent infringement case, a German court ruled on Friday in favor of Microsoft. The court issued an injunction against Motorola to stop the sale of phones using Microsoft’s File Allocation Table technology. Included are Motorola phones the Razr, the Razr Maxx, and the Atrix.

July 27, 2012

e-Discovery Pricing

In A Look Inside Hosted e-Discovery Pricing: Secrets your service provider may not want you to know, Megan Miller of Gallivan Gallivan & O’Melia writes for The Organization of Legal Professionals:

Lawyers and litigation support teams researching alternatives for e-discovery have a daunting task, complicated by the fact that information on which they will have to base an important purchase decision is often fuzzy at the time the e-discovery solution is being selected.

Read more at the Organization of Legal Professionals.

July 26, 2012

Trucking Expert Witness & Standards Of Care

Trucking expert witness Lew Grill specializes in the standard of care of truck drivers and the motor carriers who employ them. See Federal Motor Carrier Safety Administration's regulations and their interpretations governing highway transportation on his website:

http://www.lewgrill.com/LIBRARY%20FILES/FMCSRs/LG_FMCSRs.htm

July 25, 2012

Psychology Expert On James Holmes

Psychology expert Dr. Jeffrey Gardere said accused shooter James Holmes may be emotionally exhausted and/or exhibiting malingering, intentionally feigning or exaggerating physical or psychological symptoms. Dr. Gardere is an adjunct clinical professor at Touro College of Osteopathic Medicine in NYC and is a regular guest on television news programs.


July 24, 2012

Mortgages Expert Witness On Foreclosure Sales

In Avoiding the $475,000 Mistake – Entering the Credit Bid, John L. Hosack and mortgages expert witness Joffrey Long write:

Finally! The delays are over and your foreclosure is going to sale. The trustee asks for bidding instructions. The grand total owing on your loan (a first trust deed) is $575,000. The value of the property is $500,000. Would you open the bidding at $575,000? It could be a big mistake. Surprisingly, many otherwise sophisticated lenders and servicers, including large banks, are completely unaware of this problem.

Read more: http://www.jurispro.com/files/documents/doc-1066205274-article-1920.pdf

July 23, 2012

Patents Expert Witness On Product Ban

Should companies that hold patents essential to a standard be prohibited from requesting that infringing products be banned in the U.S. market? Congress is considering this issue and patents expert witness Mark Lemley says the International Trade Commission could cite the public interest as a reason for declining to ban products that infringe essential patents. Lemley is Director at the Stanford Program in Law, Science & Technology.

July 21, 2012

Dispute Resolution & eDiscovery Webinar

The Paralegal Knowledge Institute is offering a free one hour webinar on Dispute Resolution and eDiscovery, July 31, 2012.

Today, lawyers, neutrals and clients are spending more money and time on electronic discovery. Increasingly, these parties confront electronic discovery outside the court systems with the growing use of alternative methods of dispute resolution - arbitration, mediation, special masters.
This webinar gives you a better grasp of electronic discovery and its application to mediation, arbitration, special master proceedings or other dispute resolution forums. It introduces attendees to best practices when mediating electronic discovery issues and presents various tools and strategies practitioners can employ when engaged in electronic discovery mediation.

To register, send an email to info@theolp.org - Be sure to include your contact information. You will receive login instructions 24-48 hours in advance of the webinar.

July 20, 2012

Medical Malpractice Expert Witnesses Selected In Clausen Case

Both plaintiffs Jill Clausen, et al, and defendant Dr. Ezea Ede have selected their medical experts in a Jefferson County District Court (TX) medical malpractice case. Ede is charged with the 2010 wrongful death of Judy Gregory. Plaintiffs allege that Ede did not properly diagnose Gregory's cardiac condition which contributed to her death.

July 19, 2012

Expert Witness Training

The William Mitchell College of Law in St. Paul, MN, is offering their second Expert Witness Training Academy this summer. Instructors will include judges, lawyers, and Mitchell professors who will instruct experts on how to dial their brilliance down to a level the average person can understand.

“We want to help expert witnesses understand how to communicate their science better in a variety of forums” says Professor John Sonsteng, who along with his colleagues developed the academy with a grant from the National Science Foundation.

More information: 888-962-5529

July 18, 2012

Crime Scene Analysis Expert Witness Testifies In Shopping Mall Shooting Case

Crime scene analysis expert witness John Wilson testified in defense of Dondray Fowler, accused of killing one man and wounding five people in Muskogee, AZ. Fowler has 30 years crime scene investigation experience and heads a state crime lab in Missouri. The expert testified that because of the location of cartridges, he believes Fowler was acting in self-defense.

July 17, 2012

Finance Expert Witness Testifies In First American Corp Case

Finance expert witness Dr. Marsha J. Courchane testified that the home appraisal company eAppraiseIT gave inflated valuations to mortgage lender Washington Mutual in 2006 - 2007. Dr. Courchane, VP and Practice Leader, Charles River Associates, heads the Financial Economics Practice in the US and UK. She testified for the prosecution in the fraud case against eAppraiseIT and its parent company First American Corp.

New York Supreme Court documents: http://www.nycourts.gov/supctmanh/


July 16, 2012

Complex Litigation Requires Powerful Expert Witness Testimony

In As expert witnesses, industry experts play key roles in litigation cases, Rick Arnett writes that complex litigation requires "the powerful testimony of expert witnesses."

Read more: djcoregon.com.

July 15, 2012

OSHA Expert Witness On Workplace Assessments

OSHA expert witness Michelle Copeland, President of Occupational Safety Resource Inc., writes this on Workplace Assessments:

Audits and program reviews are a critical and too often overlooked aspect of any effective management program, including safety management. They are tools that give you the feedback and information to accurately determine your actual needs, identify the gaps or weaknesses in your program, and achieve an increased measure of control and predictability in your safety and health process.

Read more: Michelle Copeland.

July 14, 2012

Psychology Expert Witness Testifies In Pitman Trial

Psychology expert witness Dr. Michael Flaum testified for the defense in the South Lee County, IA, case against Adam Pitman, who is accused in the death of his mother. Dr. Flaum is associate professor of Psychiatry at the University of Iowa and directs the Iowa Consortium for Mental Health Services. He described Pitman as intoxicated and delusional from snorting bath salts at the time he allegedly strangled his mother.

July 13, 2012

Occupational Safety Expert Witness On Exposure Assessment

Occupational safety expert witness Michelle Copeland, President of Occupational Safety Resource Inc., writes this on Exposure Assessment and Control:

Industrial hygiene monitoring is your primary tool in determining employee exposures to chemicals, noise, heat, radiation, and other workplace hazards. Accurate exposure determination enables you to ensure compliance with OSHA (Occupational Safety and Health Administration) regulations by implementing controls that are necessary, reasonable and effective.

Read more: Michelle Copeland.

July 12, 2012

Night Clubs Expert Witness On Employee Training

Night clubs expert witnesses may consult and testify on bars, lounges, and night clubs. With over 30 years experience in security and surveillance operations, including Security Director for the Sahara Tahoe and High Sierra resorts in Lake Tahoe as well as corporate security for Del E. Webb, Corp. in Nevada, security and surveillance consultant Alan W. Zajic writes that he does not believe a background check is the most important thing in a gaming security program. More important is how the business owner trains their employees.

Read more: http://www.jurispro.com/AlanZajicCPPCSP.

July 11, 2012

Solar Energy Experts & IKEA Solar Energy System

Solar energy experts may consult on active solar energy systems, solar power, passive solar building design and related matters. IKEA, the home goods giant, recently installed a 122,200-square-foot PV array solar energy system in Canton, MI. IKEA was founded in 1943 and now comprises 330+ stores.

July 10, 2012

Cancer Expert On Targeted Treatments

Cancer expert Frank McCormick, PhD, FRS, spoke before the Senate Cancer Coalition saying that cancer medicine must transition to treatment targeted to individual patients and away from the usual standard treatments. McCormick is a professor at the UCSF Cancer Research Institute. His research focuses on signal transduction pathways in cancer cells and ways of treating cancer based on these pathways.

July 9, 2012

Firearms Expert Witness Testifies On Forensic Evidence

Firearms expert witness Gene Rivera testified in the Charlotte, NC, case against Tahashi Matthews, accused in the 2009 murder of Jonathan Nelson. Rivera testified in Mecklenburg County Court regarding bullet fragments.

July 8, 2012

Expert Witnesses In Slip & Fall Cases Part 5

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
deposition and at trial.
• Prepare diagrams and photographs for
use at trial.
• Work with you to ensure the expert’s
successful direct examination at trial.

(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.

July 7, 2012

Construction Site Expert Witness On Exclusion Of Expert Testimony Part 2

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

The right to conduct voir dire examination is at the discretion of the court and may be accepted or rejected. It is important to note that the voir dire examination is very limited in its range. Questioning must be only about the expert’s lack of qualifications to render a meaningful opinion to the trier(s) of fact. Following voir dire, the attorney may make a motion to disqualify the witness from testifying due to inadequate qualifications in the field in which the expert claims to be qualified.

Attorneys facing a strong expert may use one or both methods in a tactical attempt to get the expert’s testimony and/or report excluded before trial even begins. For instance, during deposition of the expert, the opposing counsel can evaluate the strength, demeanor, and charisma of the expert. Equally important, the opposing attorney will examine in detail the expert’s report. When the expert’s report is professional, organized and accurate, and includes the necessary components such as the expert’s CV, list of cases, index, list of documents received and reviewed, discovery exhibits and demonstrative evidence and forms a strong, clear and supported opinion and conclusion, the opposing counsel knows he or she is facing an uphill battle in court.

July 5, 2012

Medical Expert Witness May Testify For Abuse Victims

In Gage County Courthouse, Nebraska, District Judge Paul Korslund said he may allow a medical expert witness to testify on behalf of alleged abuse victims of a former caregiver at the Beatrice State Developmental Center. Matthew Pangborn is charged with six counts of abusing a vulnerable adult and five of strangulation. The victims are so disabled that prosecutors are unsure they will be able to testify. Four other former employees have been convicted of abusing developmentally disabled men at the Beatrice State Developmental Center.

July 4, 2012

Restaurants Expert Witness & What Customers Seeant

Restaurants expert witness Howard Cannon testifies in restaurant litigation regarding management neglect, injuries, food contamination, and more. He also consults in restaurant matters and and tells owners, "To a customer, a restaurant can never be too clean. The only thing a customer notices is ‘not clean enough’. That's right, you are either acceptable or unacceptable. If you don't know how important cleanliness is, ask your customers." Cannon is CEO of Restaurant Consultants of America.

July 3, 2012

Psychology Expert Witness On Litigating Competence Part 1

In Litigating Competence—Five Central Questions, psychology expert witness Philip J. Kinsler, Ph.D., writes:

1. What general issues should a competency evaluation address?
1.1. In general an examination of competence should make reference to:
1.1.1. The test for competency;
1.1.2. The condition or conditions causing incompetence (if any);
1.1.3. Treatment alternatives to restore defendant to competence, if applicable;
1.1.4. Treatment availability in least restrictive alternatives, if applicable; and
1.1.5. The diagnosis of mental disease, defect or condition (if any)
bearing on the issue of whether the defendant had the mental state required for the offense charged.

July 3, 2012

Vascular Surgery Expert Witness Testimony Qualifies In Orthopedic Surgery Case

In Brian C. DeMuth et al., v. Walter William Strong, Judge Deborah S. Eyler, Maryland Court of Special Appeals, opined that vascular surgery expert witness Dr. Jason Johanning was qualified to testify on whether orthopedic surgeon Dr. Brian C. DeMuth was liable for negligence.

While Maryland law states that an expert witness must be board certified in the same specialty or a related one to testify in a standard of care lawsuit, the court said the law does not define “related” and that the courts themselves must review the particulars of each case.

Read more: http://www.courts.state.md.us/

July 1, 2012

Finding the Right Medical Malpractice Expert Witness

In Finding the Cure: Experts That Can Help You Win Your Case, trial attorney and internal medicine physician Russell Kussman writes that finding the right expert and knowing how to utilize them is a necessary skill in medical malpractice cases.

Read more: https://www.caala.org/index.cfm?pg=semwebCatalog&panel=showSWTL&titleID=3332.