November 30, 2012

ABA Guidelines For Retaining Experts

An ABA Section of Litigation Task Force was appointed by Section of Litigation Chair Hilarie Bass to explore the creation of guidelines for retention of experts by lawyers on behalf of their clients. At the August ABA annual meeting the ABA House of Delegates voted down the resolution to adopt the guidelines which described a set of uniform best practices for lawyers to follow when hiring experts. The control and administration of the ABA is vested in the House of Delegates, the policy-making body of the association.

November 29, 2012

School Safety Expert Witness On School Safety Cases Part 4

In EVALUATING AN EXPERT WITNESS FOR SCHOOL SAFETY CASES, school safety expert witness Michael Dorn writes:

The Need to Evaluate an Expert Witness before Hiring

Whether an attorney advocates for the defense or the plaintiff, few things can be as damaging to a civil or criminal case as finding out during a deposition or trial that an expert witness has serious skeletons in their closet, such as:
 Having been arrested or indicted for a felony
 Being terminated for serious criminal conduct in a work setting
 Being caught embezzling funds from an employer
 Being arrested for drunk driving while driving a fake police car
 Violating government regulations on grant applications and bidding processes
 Falsifying work experience
 Falsifying professional credentials
 Listing a degree on a resume which has never been earned (i.e. associates, bachelors, masters, law degrees, PhDs, etc.)

November 28, 2012

How to Excel at Your Expert Witness Deposition

SEAK, Inc. is offering the program How to Excel at Your Expert Witness Deposition January 26-27, 2013. SEAK has trained well over 20,000 expert witnesses, physicians, lawyers and nurses nationwide, and is located on Cape Cod, MA.

How to Excel at Your Expert Witness Deposition is fast moving and content rich. The course is taught using five methodologies: lecture, interactive exercises, videos of experts testifying in real cases, mock deposition demonstrations, and questions and answers.

More info: seak.com.

November 27, 2012

Deposing An Expert Witness Part 2

In How to Prepare for, Take and Use a Deposition, litigator Daniel P. Dain writes "The deposition of an expert witness is the culmination of the opposing party’s defense or prosecution." Mr. Dain is a founder and the managing partner of Brennan, Dain, Le Ray, Wiest, Torpy & Garner in Boston, MA. His book includes over 50 forms in print & on CD, including custom-crafted motions & case-specific deposition checklists. Topics include:

Goals and Strategies
Legal Research of Issues
Written Discovery of Expert Witness Opinions
Sample: Interrogatory to Identify Expert Witness and Opinions
General Outline of Expert Deposition
Qualifications of Expert Under FRE 702
Impeachment of Expert’s Qualifications
The Expert’s Understanding of Case Related Facts
Basis for Each Opinion of the Expert
Scientific, Technical or Specialized Kowledge Under FRE 702
Authoritative Treatises
Expert Opinions
Scope of Examination of Expert Witness
Putting It All Together Into a Deposition Outline


Excerpted from How to Prepare for, Take and Use a Deposition.

November 26, 2012

Thoracic Surgery Expert Witnesses

Thoracic surgery expert witnesses may opine on pulmonology, chest medicine, respiratory medicine, and more. The American Association for Thoracic Surgery writes:

One of the most important and controversial figures in malpractice litigation is the physician expert witness. The number of malpractice suits and the size of awards for damages have grown substantially in recent years, greatly increasing demand for “expert witnesses.” The increasing number of expert witnesses has engendered the need for clear definition of their qualifications and guidelines for their behavior.

The American Association for Thoracic Surgery has adopted the following statement of qualifications for expert witnesses and guidelines for behavior of AATS members when acting as experts in the legal system. These qualifications and guidelines apply equally to AATS members rendering expert opinions prior to the initiation of litigation.

Read more: http://www.aats.org/

November 25, 2012

Advanced Trial Skills Workshop For Expert Witnesses

SEAK, Inc. is offering the program Advanced Trial Skills Workshop For Expert Witnesses January 24-25, 2013. SEAK has trained well over 20,000 expert witnesses, physicians, lawyers and nurses nationwide, and is located on Cape Cod, MA.

Executive Summary: This is the hands-on intensive training program for expert witnesses who want to raise their trial performance to the next level. Advanced Trial Skills Workshop for Expert Witnesses utilizes numerous interactive role playing exercises.

More info: seak.com.

November 22, 2012

Deposing An Expert Witness Part 1

In Deposing an Expert Witness, litigator Daniel P. Dain writes:

Goals and Strategies

The deposition of an expert witness is the culmination of the opposing party’s defense or prosecution theory of the case. Before taking an expert’s deposition, the parties should have completed fact discovery—interrogatories answered, documents obtained, lay witnesses deposed. Presumably, your opponent’s expert witness has been advising the opposing attorney about documents to be requested in the course of written discovery and about oral discovery questions that should be asked of the lay witnesses, so that the fact evidence necessary to the expert’s opinions has been established. The expert’s opinions are being offered by the opposing party as part of a plan to defeat your case. Deposing your opponent’s expert ­witness is your opportunity to understand, limit and hopefully stop defeat. The importance of being prepared to depose this expert ­witness cannot be overemphasized.

Excerpted from How to Prepare for, Take and Use a Deposition.

Mr. Dain is a founder and the Managing Partner of Brennan, Dain, Le Ray, Wiest, Torpy & Garner in Boston, MA.

November 21, 2012

Chemistry Expert Testifies In UCLA Burn Accident

Chemistry expert witness Neal Langerman testified in a hearing regarding the death of a young chemist burned in a UCLA laboratory. Chemistry professor Patrick Harran may be tried for not properly training the 23 year old Sheharbano Sangji. Langerman described how the chemical she was working with becomes highly flammable when in contact with oxygen. Ms. Sanji , who was also not given the proper protective gear, died 18 days after the accident.


November 20, 2012

Patent Infringement Damages

On his expert witness blog, computer expert witness Judd Robbins offers a link to Patent Infringement Damages – a US Overview.

Jason Witten of Witten Law, Ltd. provides an overview of how damages are calculated for patent infringement in the United states for IntellectualPropertySolicitor.org.

http://expertwitnesstrainingblog.com/2012/11/16/patent-infringement-damages-a-us-overview/
© 2011 Witten Law, Ltd.

November 19, 2012

Expert Witness Training, Profit From Your Experience

Computer expert witness Judd Robbins, author of Expert Witness Training, Profit From Your Experience, writes: You're already a Professional. This book can enhance your reputation.

Two reviews from experts at Expert Communications:

"I just wanted to tell you that Judd Robbins' book, Expert Witness Training - Profit From Your Experience, is the best book on the topic I have read in over 20 years. It is concise and to the point, yet it covers a great many topics while still being readable. I highly recommend it."

"What a treasure of information! I was bowled over by how complete, thorough, and easy to understand this tactical book for expert witnesses is. I learned some things I did not know and got different viewpoints on the expert's role in the legal process. Consequently, I will be recommending that every client of mine purchase this book.Thanks. The Judd Robbins book was outstanding!"

Read more: http://expert-witnesses.net/book.html

November 18, 2012

Criminology Expert Witness On Nursing Home Rx Fraud

Brooke Sissom of Shelbyville, TN, has been accused of using Manchester Health Care Center patient's drug prescriptions for herself. While employed at the nursing home, Sissom allegedly ordered strong pain medication fraudulently by using patient names and prescriptions. Criminology expert witness Stuart Colwell testified that Sissom may have sold pills as well as using them herself. Police Corporal Colwell is a Manchester police investigator.

November 17, 2012

Orthopedic Surgery Expert Witness Specialties

In Top 5 Specialties of an Orthopedic Surgery Expert Witness, Mednick Associates writes:

Searching for an orthopedic surgery expert witness can be challenging given the various specialties available. As a rule of thumb, orthopedic surgeons come in all shapes and sizes.... When reviewing a CV for a potential expert witness assignment, it is always helpful to discuss the particulars of the experts’ surgical history and how many surgeries and types they have performed.

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

November 15, 2012

Handwriting Expert Witness Shares Layman's Glossary Part 2

In THE LAYMAN’S GLOSSARY: Terms Relating to the Forensic Examination of Handwriting, Signatures and Documents , handwriting expert witness Jacqueline A. Joseph, CDE, Board Certified Examiner of Handwriting & Documents, writes:

This glossary has been designed to meet the needs of those seeking to gain the meaning of common forensic terms and to understand the jargon used during the examination of questioned handwriting and signatures...

Because it would be impracticable to include all forensic terms in a work of this size and scope, this work includes many of the common terms relating to the examination of questioned handwriting and signature examination. It does not include terms relating to laboratory equipment, ink differentiation or other methods involving aspects beyond the examination of handwriting and signatures. However, it is my intention to publish expanded editions in the future....

Board Certified Document Examiner: A person who has met a set of criteria of professional qualifications in the field of Forensic Document Examination. A person practicing in the field of forensic science with (1) a focus on the forensic identification of handwriting in order to find out who wrote, or didn’t write, a questioned entry on a document, and (2) other questioned or suspicious documentary evidence such as the details to identify alterations, additions or other facts concerning the document’s authenticity.
Certifications are awarded by association boards and by accredited certifying bodies.

Buckle: The mid zone part of the lower case letter “k” and also in “p.” May also be observed in the upper case of “K” and “P.”

Characteristic: Any property or mark which distinguishes the identifying details of the writing. (See: Class characteristics/Individual characteristics)

Read more: http://www.jjhandwriting.com/jj/glossary-of-terms-for-the-layperson/

November 14, 2012

Neurology Expert Witnesses

In Why Neurology Expert Witnesses are Uniquely Beneficial to Litigators with Medical Cases, Mednick Associates writes:

While most physicians tend to focus on a specific area of medicine, there are some specialties, like neurology, where the specific meets the general. Mednick Associates highlights the top 5 areas where neurology expert witnesses can help litigators.

Read more: http://www.prweb.com/releases/prweb2012/10/prweb10076590.htm

November 13, 2012

Vehicle Data Expert Witness Testimony

Wyoming Highway Patrol trooper Brian Bragonier is expected to testify in the Fremont County, WY, case against William Dean Barnes. Barnes is charged with aggravated vehicular homicide in the death of an 11 year old girl who was getting off a school bus in 2011. Bragonier is a recorded vehicle data expert witness and will speak about downloading the information from the system on Barnes's truck.

November 12, 2012

Electrical Engineering Expert Witness Testfies In Case Against Day Care Owner

Electrical engineering expert witness Richard Bonyata testified that a refrigerator, not a stove, might have caused a fire in a Texas home day care that killed four children and injured three. Jessica Tata, charged with murder, left children in age from 16 months to 3 years old alone with hot oil cooking on the stove and went shopping at Target.

November 10, 2012

Law Enforcement Expert Witness To Testify in Excesive Force Case

Law enforcement expert witness Alex Payne is expected to testify in defense of Barren County, KY, Sheriff Chris Eaton. Eaton is charged with deprivation of rights under color of law, witness tampering, falsification of documents, and giving a false statement to federal investigators.

November 9, 2012

Patent Expert On Reform Bill

In Patent expert decodes U.S. reform bill, Reuters interviewed patent expert John Mancini, co-leader of the intellectual property practice at law firm Mayer Brown.

Read the article: http://www.reuters.com/article.

November 8, 2012

Criminal Justice Expert Witness On Videotaped Attack

Expert witness Professor Matthew Hickman testified in the brutality case against the city of Chicago. Bartender Karolina Obrycka was beaten by off-duty policeman Anthony Abbate and the police department is charged with covering up the videotaped attack. The criminal justice expert witness is a criminal justice professor at Seattle University.

November 6, 2012

Your Competitive Advantage As An Expert Witness Part 3

In Your Competitive Advantage, leading authority on expert witness marketing and founder of Expert Communications Rosalie Hamilton writes:

A competitive advantage can be merely a perceived advantage. You can use this to your benefit. A large engineering firm may have many different specialties of engineers, along with its own testing facilities. Alternately, a sole practitioner engineer can promote himself as being more responsive to the attorney, more personally involved in each case, and possibly less costly. Learn to articulate your competitive advantage in a professional manner.

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

November 5, 2012

Liability Insurance Expert Witnesses

Liability insurance experts may consult on issues involving general liability insurance, umbrella policies, bodily injury coverage, and more. The property-casualty insurance trade organization, The American Insurance Association, urged safety and preparedness ahead of hurricane Sandy which included:

• Make an inventory list of your home’s contents. It is best to photograph or videotape your items.

• Examine your roof carefully, looking for worn, curled or missing shingles. If you cannot inspect your roof easily, look for moisture or surface discoloration in your attic.

• Remove dead or dying trees and shrubs; trim tree branches so they do not extend over the roof or chimney.

Read more: http://www.aiadc.org/

November 4, 2012

Patents Expert Witnesses

Patents expert witnesses may opine on patent infringement, software patents, invention patents, and more. In A Guide to the Legislative History of the America Invents Act: Part I of II, Joe Matal, Judiciary Committee Counsel to Senator Jon Kyl, describes the Leahy-Smith America Invents Act and provides a guide to legislative materials.

Read more: http://www.uspto.gov/aia_implementation/guide-to-aia-p1.pdf

November 3, 2012

Construction Defect Litigation/Forensic Investigation Webinar

The Paralegal Knowledge Institute is presenting Introduction To Construction Defect Litigation/Forensic Investigation on December 5th and 12th.

Construction defect litigation is rapidly growing. This two session online, interactive course takes you through the complex and often confusing pre-trial construction defect dispute - from researching plans, maps and permits through inspections, experts and testing.

Learn new skills or take a refresher course. Taught by an expert with years of experience who knows and understands the realistic nuances of a paper intensive, detail oriented, niche arena.

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

November 1, 2012

Handwriting Expert Witness Shares Layman's Glossary

In THE LAYMAN’S GLOSSARY: Terms Relating to the Forensic Examination of Handwriting, Signatures and Documents , handwriting expert witness Jacqueline A. Joseph, CDE, Board Certified Examiner of Handwriting & Documents, writes:

This glossary has been designed to meet the needs of those seeking to gain the meaning of common forensic terms and to understand the jargon used during the examination of questioned handwriting and signatures...

Because it would be impracticable to include all forensic terms in a work of this size and scope, this work includes many of the common terms relating to the examination of questioned handwriting and signature examination. It does not include terms relating to laboratory equipment, ink differentiation or other methods involving aspects beyond the examination of handwriting and signatures. However, it is my intention to publish expanded editions in the future....

Air stroke: The unrecorded (invisible) part of the stroke that bridges the gap between the point where the pen is raised off the paper to the point it returns to the paper.

Alignment: Spatial organization of margins, lines, words, and letters, baseline, spacing and other elements of the writing.

Arrangement of the writing: The layout of the writing including the margins, line spacing, paragraphing and various line indentations.

Baseline: The pre-printed, ruled or imaginary line upon which the bottom of the mid zone letters sit. The baseline may be even, uneven, erratic, or sloped upward or sloped downward.

Read more: http://www.jjhandwriting.com/jj/glossary-of-terms-for-the-layperson/