May 31, 2013

Money Laundering Expert Witnesses & Liberty Reserve

Money laundering expert witnesses may provide reports and expert testimony on anti-racketeering law, organized crime, and embezzlement, as well as related topics. In the news, www.miamiherald,com reports that 7 people have been charged in the biggest money-laundering scheme in U.S. history. Liberty Reserve is accused of laundering $8B over the past seven years. The company's principals were arrested in Costa Rica, Spain and New York. Based in Costa Rica, Liberty Reserve was a digital currency service that allowed users to register and transfer money.

May 30, 2013

Property Management Expert Witness On Real Estate Managers

In Real Estate Management, property management expert witness Ms. Ann E. Reisch, CCIM, CPM, RPA, writes:

Real estate management, also known as property management, is the specialized field within the real estate industry that supervises the operations of a property in accordance with the owner's objectives. A real estate manager is responsible for the physical and financial operations of a property or group of properties. Managing a property is the same as running a business and expertise is required in the areas of finance, accounting, economics, marketing, customer relations, personnel, risk management, law and organizational operations. Successfully managing properties encompasses all of these areas as well as other specialized and technical areas of expertise.

Regardless of whether a building is designed to live, work or shop in, the fundamental principles of real estate management remain the same. Investment properties have tenants to interact with on a regular basis, maintenance requirements to continuously manage, and financial operations to meticulously oversee. Whether the property is an apartment community, an office building, a retail shopping center, an industrial warehouse, a parking garage or any other type of property, proficient management is required for success.

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

May 30, 2013

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 9

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 9 of 10
Coinsurance is one of the most common insurance purchase misunderstandings. The coinsurance clause/penalty is a stated understanding and agreement within most property policies that requires the property owner to purchase insurance for a certain percentage of the full value of the property. The trade-off is, if the property is insured to the required value, the insurance company will use the lowest possible rates for calculating premiums. However, if the property is not insured to the required amount, then partial claims (versus total losses) will be paid in a ratio of the amount insured divided by the amount that should have been insured multiplied by the partial loss. The Co-Insurance Penalty formula is: the amount insured, divided by the amount required to be insured, multiplied by the partial loss amount, equals the claim payment amount.

Example: Property is purchased for $120,000 (includes the land, which is not insured). The building on the property is 25 years old and has a replacement cost value of $100,000. There is a mortgage on the property for $50,000, and the mortgage company requires fire insurance coverage of at least that same amount. The owner buys a fire insurance policy with a limit of $50,000 and the policy has an 80% coinsurance clause. During the policy period, a fire occurs causing $20,000 in fire damage. How much will the insurance company pay? Answer: $12,500 (not $20,000.) Why? Amount insured ($50,000) divided by the minimum amount for which it should have been insured for ($80,000, which is 80% of $100,000) multiplied by the amount of the partial fire loss ($20,000) equals $12,500. This is a relatively easy calculation but a concept that is almost never understood by a claimant at the time of a loss.

Lesson #9: Do not allow your client (the insurance buyer) to confuse the price paid or the market value of property owned with the amount of insurance that should be purchased. If your client is not sure of the replacement cost or actual cash value on the property, have the insurance company determine it. Again, there are ways to circumvent this problem. Your client may negotiate “Stated Amount Valuation” on the property coverages and have the “coinsurance clause” eliminated by endorsement.

Reoccurring Conclusion: Just like poor legal advice, poor understanding of insurance procurement issues can be very expensive for your client!


David Stegall is the Principal Consultant at Risk Consulting & Expert. Mr. Stegall holds a B.A. in Communication from Auburn University and is a Chartered Property and Casualty Underwriter, an Associate in Risk Management and an Associate in Reinsurance, all awarded by The Institutes in Malvern. PA. He is also a Director of the Society of Risk Management Consultant

May 29, 2013

Radiology Expert Witness On Radiology As A Critical Component

In Radiology Over The Past 40 Years, radiology expert witness Jordan Haber M.D. F.A.C.R., writes:

Radiology in the 1960s was considered an ancillary specialty divorced and segregated from the mainstream of practice. Internists and surgeons very frequently would have little but polite regard to the input of the radiologist. As a consequence, the Radiologist was positioned all too frequently in the basements of hospitals. Relegated to locations far from where the clinical practice hotspots are, their physical location in the hospital reflected the disinterest that the clinicians had in radiographic input. Also, stereotypically, the personality profile of the radiologist also frequently reflected his relatively passive role in clinical care. While the general surgeon often had a bravado characteristic of an outgoing engaging clinician, the Radiologist would be construed as a relatively withdrawn doctor either incapable of or not interested in interpersonal contact. He would be thought of as sitting in a dark room filled with view boxes and x-rays, avoiding the light of day and of active clinical direct practice. Both Radiologists and Psychiatrists were very peripheral from clinical care in the late 1960′s.

Now, 40 years have passed. Currently, Radiology is one of the most sought-after subspecialties in medicine. Residency positions in Radiology are only offered to medical students in the top 25% of their class. Just a few years ago, such positions were primarily and solely offered to those medical students accepted in the National Honor Society (AOA). The Radiologist, who was portrayed historically as a relatively withdrawing participant in healthcare, frequently now sits on executive boards of hospitals and rises to president of the medical staff. His leadership role in many hospitals, both academic and community, reflects the new realization that Radiology is no longer ancillary but integral in the algorithm of outpatient care. No longer is the Radiology suite in the basement. It is now located adjacent and sometimes within the emergency room, reflecting its vital importance in diagnostics and treatment development. It is now understood that Radiology’s input is critical to virtually all of the medical subspecialties.

In subsequent discussions, I will review from my perspective concerning how Radiology has become such a critical component to ongoing patient care.

May 28, 2013

Environmental Toxicology & Pesticide Exposure

Environmental toxicology expert witnesses may opine regarding toxic chemicals exposure, PCBs, forensic toxicology, and related matters. In the news, an Italian study found a link between certain chemicals and Parkinson's disease. health.usnews.com reports their findings: “Prolonged exposure to pesticides, bug and weed killers, and solvents appears to raise the risk for developing Parkinson's disease, a new study says.” Researchers reviewed more than 100 earlier studies regarding exposure and the risk of Parkinson’s.

May 27, 2013

Oncology Expert Witness On Standard Of Care Part 1

In STANDARD OF CARE: What Standard, Who Cares?, oncology expert witness Dr. Ronald Citron writes:

A hundred years ago, one man could master the cumulative medical knowledge of all humanity. Today, one man could spend a lifetime reading the new findings published in a single year. We doctors learn it ‘all’ in medical school. But, of course, that is not enough. We must keep up with the continuing flow of new data. How do practicing physicians manage the torrential onslaught of new information inherent in the modern age? How do they find and learn the information? How do they integrate new findings into their daily activity? How often does this happen? What mechanisms for learning are there?

Medicine mandates education for doctors be they Chaired Professors at a University or generalists. It is the responsibility of every physician to log a required number of hours of education per year.

These Continuing Medical Education (CME) requirements supposedly define medical practice in the digital age. We mandate post-graduate education. There are over 750 CME sites on the Web. CME can be any approved meeting, symposium, tumor board, educational cruise or vacation, medical staff lectures and iCME: from the Internet. However, the subject of the lecture may be only relevant to a small percentage of the assembled doctors - yet they all qualify for CME.

The majority of physicians derive their CME credits from the Friday noon staff meeting and lecture at the hospital.

Medical Specialties, such as Medical Oncology, have their own meetings, journals and network. Oncologists also have Clinical Practice Guidelines with detailed schemes for treatment of just about every cancer at every stage.


May 25, 2013

Railroad Expert Witnesses & Freight Train Collision

Railroad expert witnesses may give opinions regarding railroad accident reconstruction, railroad accident investigation, train wrecks, and railroad safety. In the news, a Union Pacific train struck a Burlington Northern Train about 120 miles south of St. Louis on Saturday causing a highway overpass to collapse. The locomotive and a dozen cars derailed which injured seven people. A post-crash fire was reported.

More info: http://www.ntsb.gov/investigations/2013/scott_city_mo/scott_city_mo.html.

May 25, 2013

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 8

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 8 of 10
Property values matter and vary based on the purpose of the valuation. Although this issue seems easy, there is more contention at the time of a property claim on this issue than practically any other issue. The problem is usually the misunderstanding on the part of property insurance buyers as to the relationship between “Market Values,” which is usually how much they paid for the property, versus an insurance contract’s definition of property value. In a property insurance policy, usually there are two ways and sometimes three ways of purchasing the correct value. The first is “Replacement Cost,” which is the cost of repairing or replacing the property with like or similar materials or paying cash for up to the replacement cost designated on the policy. The second is “Actual Cash Value” meaning replacement cost minus depreciation and the third is “Stated Amount Value” meaning an agreement is made up-front with the insurance buyer and the insurance company as to how much the property is worth and the valuation basis at the time of a claim.

Confusion often arises for two reasons: First, over the difference between the Replacement Cost Value (what it would cost to repair or replace with like materials) or Actual Cash Value (replacement cost minus depreciation) of a structure and its market price. Market price has nothing to do with the insurable value and is based on a completely separate set of criteria. Primarily, it is based on location and real estate market forces; secondly, the amount borrowed from a lender to purchase the structure and the lenders’ contractual requirements for purchasing coverage to protect their interest.

It is also important to note the operative words: their interest and what the policy says. “Their” interest and the owner’s interest are often confused and the property owner sometimes gets the impression that the amount of insurance they should buy on a purchased building is whatever the lender requires of them. This is incorrect. It is a difficult lesson to learn after a claim occurs and there is a misunderstanding how the claims adjuster will value the property.

Lesson #8: Have your client (the insurance buyer) request a “Stated Amount” Endorsement to the policy, which is an agreement between the insurance buyer and the insurance company as to what the value is and how it will be adjusted, overriding any policy provisions to the contrary in the actual policy.

Reoccurring Conclusion: Just like poor legal advice, poor understanding of insurance procurement issues can be very expensive for your client!


David Stegall is the Principal Consultant at Risk Consulting & Expert Services. Mr. Stegall holds a B.A. in Communication from Auburn University and is a Chartered Property and Casualty Underwriter, an Associate in Risk Management and an Associate in Reinsurance, all awarded by The Institutes in Malvern. PA. He is also a Director of the Society of Risk Management Consultant

May 24, 2013

Transportation Construction Expert Witnesses & I-5 Bridge Collapse

Transportation construction expert witnesses may provide reports and testimony regarding design, surveying, construction, operation, and maintenance of highways, roadways, bridges, and tunnels, as well as associated matters. In the news, a bridge on I-5 near Mount Vernon, WA, collapsed after a semi-trailer truck hauling over-sized drilling equipment struck the bridge's trusses. The 55 year old bridge is rated a "fracture critical" design - the failure of just one part could cause the entire bridge to collapse. According to the US DOT website:

The bridge carries an estimated 71,000 vehicles each day and is a major commercial route between Washington and Canada. Approximately 11 percent of the vehicles are commercial trucks transporting goods between the two countries.

May 23, 2013

Patent Protection Expert Witnesses & "Patent Trolls"

Patent protection expert witnesses may write reports on software patents, invention patents, patentability requirements, license agreements, and correlated matters. In Startups and Patent Trolls, Santa Clara University Assistant Professor of Law Colleen V. Chien writes:

Abstract:
While patent assertion entities ("PAEs" or patent “trolls”) have received a lot of attention, little of it has focused on the distributional impacts of their demands. The impact of PAEs on startups is crucial, because startups contribute to job creation and innovation, making them potential targets and sources of patents. To assess the impact of trolls on startups, I analyzed a comprehensive database of patent litigations from 2006 to the present, conducted a non-random survey of 223 tech company startups, 79 of which had received a demand, and interviewed nearly twenty entities with relevant knowledge of startup patent issues.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146251

May 22, 2013

Petroleum Engineering Expert Witnesses & FERC

Petroleum engineering expert witnesses may consult on petrochemical engineering, horizontal drilling, and enhanced oil recovery. In Competing Views on the Permissible Scope of In-House Expert Witness Discovery at FERC: Without Guidance, FERC Litigants Face Risk and Uncertaintyattorney Jason T. Gray writes for Energybiz.com. He discusses:

The Development of FERC’s Discovery Rules

Competing Views on the Scope of Permissible Discovery of In-House Expert Witness Materials


The Federal Energy Regulatory Commission, or FERC, is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects.

Mr. Gray is a Senior Associate at Duncan, Weinberg, Genzer, & Pembroke, P.C., where he concentrates on public utility regulation and administrative law.

May 21, 2013

Physical Therapy Expert Witnesses

Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on ethics, sexual trauma, and professional boundaries, Dr. Ben E. Benjamin writes:

On average, one of every five clients a practitioner sees has a history of trauma or abuse. Whether or not you are aware of it, in a large percentage of your sessions, the client in your treatment room may be a survivor. Even the client might not know. To avoid ethical complications, every practitioner who uses touch needs basic knowledge about trauma and abuse survivors and a clear protocol for working with these particular clients.

May 20, 2013

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 7

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 7 of 10
Understand Uninsured/Underinsured Motorist (UM) coverage before it is needed. This coverage acts as the liability coverage for persons who injure you, your family, your employees or anyone driving your car with your permission when the person who causes injury either does not have liability insurance or is underinsured. Various states handle the issue of UM coverage differently, and apart from the 12 states that provide so-called ‘no-fault” coverage with Personal Injury Protection (PIP), insurance buyers seldom purchase adequate Automobile UM Liability Limits.

With this in mind, the minimum limit an automobile policy provides is typically woefully inadequate. It is estimated that 15 percent of all drivers on the road are without insurance and even more have minimum limits. In some states, this average percentage can be doubled.

There are very legitimate reasons that commercial entities do not increase their Uninsured/Underinsured limits. Many provide other insurance that would cover employees, such as workers’ compensation insurance and certain employee benefit coverages that would act as primary coverage before Uninsured/Underinsured coverage would come into play.

Lesson #7: Although this increased coverage will also increase the automobile liability premiums, the increase in coverage and premium should, at least, be considered.

Reoccurring Conclusion: Just like poor legal advice, poor understanding of insurance procurement issues can be very expensive for your client!

David Stegall is the Principal Consultant at Risk Consulting & Expert. Mr. Stegall holds a B.A. in Communication from Auburn University and is a Chartered Property and Casualty Underwriter, an Associate in Risk Management and an Associate in Reinsurance, all awarded by The Institutes in Malvern. PA. He is also a Director of the Society of Risk Management Consultant

May 19, 2013

Real Estate Damages Expert Witnesses & Hurricane Sandy Lawsuits

Real estate damages expert witnesses may give expert opinions on a wide range of issues including flood damage, hurricane damage, damage impact and related matters. In Sandy-Related Suits Against Co-ops, Condos Face Unique Challenges, the New York Law Journal reports on lawsuits filed by condo and co-op owners in the aftermath of Hurricane Sandy. Owners are suing their building management over failure to protect their property in the disaster. NYLJ says the plaintiffs face a unique difficulty. "How can they show that the managers failed to prepare adequately for a disaster that no one had seen before?"

May 18, 2013

Explosions Expert Witnesses & Texas Fertilizer Plant Blast

Explosions expert witnesses may consult regarding flammable materials, chemical explosions, and combustion. In the news, MailOnline reports that "a malfunctioning golf cart, faulty electrical system or even arson" could have led to the fire that triggered the deadly explosion of a fertilizer plant in West, Texas. Officials have yet to find the cause of a blast that killed 14 people, including 12 first responders. The blast formed a crater 93' wide by 10' deep.

Read more: http://www.dailymail.co.uk/.

May 17, 2013

Patent Litigation Expert Witesses & Patent Litigation Survey

Patent litigation expert witnesses may consult and testify on patent prosecution, patent infringement, design patents, exclusive rights, and more. The Santa Clara University School of Law has released a study entitled Best Practices in Patent Litigation Survey which describes how patents have become a major part of business planning. Reuters reports that the survey discusses “patent assertion entities,” which are companies that do not make anything themselves.

Scholarly papers by Assistant Professor Colleen V. Chien,
Santa Clara University - School of Law. including Startups and Patent Trolls may be found here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=362060

May 16, 2013

Fire Expert Witnesses & Wildfire Season

Fire expert witnesses may consult on wildfires, fire engineering, fire accelerants, fire safety engineering, and fire patterns, among other topics. The Salt Lake Tribune reports that there could be "another historic wildfire season" and significantly less funds to work with due to budget cuts from the sequester.

Tom Vilsack said the Agriculture Department will try to manage large fires using monies budgeted for prevention in order to pay for fire fighting.

Read more: http://www.sltrib.com/sltrib/world/56310072-68/fire-fires-acres-burned.html.csp

May 15, 2013

Insurance Expert Witness On Recurring Insurance Litigation Themes Part 6

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

The insurance application process now requires more attention. There was a time, in the not too distant past, when most applications for property and casualty insurance did not require the signature of the insurance buyer. Agents routinely completed applications and underwriters readily accepted them without anyone’s signature on the application. This custom and practice is no more. Insurance applications have become more than just tools to gather underwriting information to determine the eligibility of the applicant for coverage and for premium determination purposes. The necessity for thoroughness and precision has greatly increased. It is more than appropriate and appreciated by the underwriter for the applicant to provide supplemental answers and explanations along with the standardized application. These relatively recent changes in the usual and customary practices of making an application for insurance can make the difference between having a claim covered and not having it covered. An ambiguity or misunderstanding can become an allegation of misrepresentation, which can lead to no coverage at all, rather than just a possible increase in premiums. Policy rescission and voiding policies ab initio are on the rise, along with underwriters using application information as “Warrants” thereby making the application a part of the policy (which has always been the case with life insurance policy applications).

These developments make providing accurate information to underwriters more than just important. Accurate information becomes the basis for the existence of the contract itself and adds an increased threshold to the concept of “utmost good-faith” which is the traditional basis of all insurance relationships.

However, “utmost good-faith” is a two-way street. Insurance companies sometimes attempt to deny coverage based on conditions and exclusions that are not, and never were intended, appropriate to the situation or the claim at hand. Some prohibitions were intended to exclude coverage because the hazard is better transferred by another type of policy, not to be used to exclude an otherwise covered claim. This type of unfair claims settlement practice is rare and usually caused by poor attention to detail in the filing of a claim and/or inexperienced claims adjusters. The insurance buyer needs to be equally diligent and vigilant as to the accuracy of applications of insurance and in the filing of a claim under an insurance policy.

Lesson #6: Insurance applications are more important than they once were. Have your client (the insurance buyer) plan and prepare in a careful, thorough manner, before submitting an application for insurance or filing a claim.

Reoccurring Conclusion: Just like poor legal advice, poor understanding of insurance procurement issues can be very expensive for your client!

David Stegall is the Principal Consultant at Risk Consulting & Expert. Mr. Stegall holds a B.A. in Communication from Auburn University and is a Chartered Property and Casualty Underwriter, an Associate in Risk Management and an Associate in Reinsurance, all awarded by The Institutes in Malvern. PA. He is also a Director of the Society of Risk Management Consultant

May 14, 2013

Medical Malpractice Expert Witnesses

Medical malpractice expert witnesses may consult on issues involving medical negligence, healthcare providers malpractice, and medical malpractice litigation. In the news, Dr. Kermit Gosnell has been found guilty on three counts of first-degree murder. The Philadelphia abortion provider who is not a board-certified obstetrician or gynecologist, was found guilty of 21 counts of abortion of the unborn.

May 13, 2013

Intellectual Property Litigation Expert Witnesses

Intellectual property litigation expert witnesses may opine on licensing, assignees, patents, and associated matters. At the blog IPWise, attorneys Peter J. Brann, Stacy O. Stitham, and David Swetnam-Burland are "Making Business Wise About Intellectual Property Litigation." The litigation attorneys with Brann & Isaacson represent leading internet retailers in intellectual property matters running the gamut from copyright to trademark to patent litigation. On May 10th, they wrote:

In a badly fractured en banc decision, the Federal Circuit in CLS Bank v. Alice Corp. affirmed the lower court’s holding that Alice’s claims to a computerized method, a computer-readable medium containing computer instructions, and a computer system that implements those instructions were not patent-eligible subject matter.

Read more: http://ipwise.wordpress.com/.

May 13, 2013

Patent Protection Expert Witnesses & Monsanto Supreme Court Win

Patent protection expert witnesses may consult on assignees,
patent infringement, inventions patents, and related matters. In Bowman v. Monsanto, the US Supreme Court ruled today that Indiana farmer Vernon Hugh Bowman violated Monsanto's patent on a genetically modified soybean. Bowman reused Monsanto's Roundup Ready soybeans seeds without paying the company.

Slip opinion found here


May 13, 2013

Safety Expert Witnesses & Bangladesh Factory Collapse

Safety expert witnesses may provide reports concerning safety codes, safety standards, and safety inspections. After the April 2013 collapse of the Dhaka, Bangladesh, textile factory complex, all the Ashulia industrial zone factories have been shut down. Criminal cases have been brought against at least 177 garment factories after they failed to ensure safety measures. Nine stories collapsed and 1,100 employees lost their lives in the industrial disaster.

Details: http://www.google.com/hostednews/afp

May 10, 2013

Computer Security Expert Witnesses & $45M ATM Theft

Computer security expert witnesses may consult regarding network security, network forensics, computer forensics, computer crime, hacking, and data security. Philly.com reports that hackers stole $45M from thousands of ATM machines in just hours. The thieves hacked into a database of prepaid debit cards and then drained ATMs.

Read more at http://www.philly.com/philly/news/20130510_Hackers_pull_out_a__45M_jackpot.html#g092o7TBHzuOBWhv.99

May 9, 2013

FDA Expert Witnesses & Caffeine Gum

FDA expert witnesses may consult on the FDA, food and drug regulations for humans and animals, nutritional standards of care, and more. In the news, Wrigley has decided to stop production of their new product Alert Energy Caffeine Gum after meetings with the FDA. One piece of the chewing gum contains 40 mg of caffeine, equal to 1/2 cup of coffee.

The FDA is investigating deaths which may be linked to energy drinks with caffeine. Caffeine gum may be detrimental to young people.

May 8, 2013

Cardiology Expert Witness Testifies In Jackson Family Lawsuit

Cardiology expert witness Dr. Daniel Wohlgelernter testified Tuesday that Dr. Conrad Murray was not qualified to treat Michael Jackson. Jackson's family is suing concert promoters at AEG Live saying that AEG should be responsible for hiring Dr. Murray.

Dr. Wohlgelernter, Cardiology Consultants of Santa Monica, earned his medical degree from the Yale University School of Medicine and has been on the UCLA faculty since 1985. He testified that “Dr. Murray did not have the appropriate training, experience or knowledge to administer propofol.” In addition Dr. Murray did not have the proper equipment or ancillary personnel.

May 6, 2013

Sports Injuries Expert Witnesses & Referee Death

Sports injuries expert witnesses may consult on exercise physiology, sports injuries, sports medicine, and orthopedic rehabilitation, as well as related topics. www.standard.net/ reports that 46 year old soccer referee Ricardo Portillo has died after being punched in the head by a 17 year old goalie. The player was called for a foul and issued a yellow card warning. Portillo's daughters had begged him to stop refereeing because of the growing risk of violence from angry players.

May 5, 2013

Oil & Gas Expert Witnesses & Hydraulic Fracking

Oil and gas expert witnesses may opine regarding oil and gas pumps, fracking, petrochemical manufacturing, oil field explosions, and related matters. In the news, Mora County, N.M. has voted to ban oil and gas extraction using hydraulic fracking. Commissioners believe federal and state laws are not adequately protecting communities from hazards such as ground water contamination, risks to air quality, and migration of gases and hydraulic fracturing chemicals to the surface.

More news at http://www.usnews.com/.

May 3, 2013

Environmental Toxicology & Plutonium Contamination

Environmental toxicology expert witnesses may consult on chemical spills, forensic toxicology, toxic chemicals exposure, and related matters. In the news, two workers at the Idaho National Laboratory research facility have filed a complaint with OSHA against Battelle Energy Alliance after being exposed to plutonium contamination in 2011. Ralph Stanton and Brian Simmons accuse Batelle of creating an unsafe work environment and officials at INL have confirmed that at least two workers suffered internal exposure to plutonium and 14 others may have been exposed accidentally at the facility. Battelle is the world’s largest nonprofit research and development organization, with over 22,000 employees at more than 130 locations globally.

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

May 2, 2013

Design Patent Expert Witnesses

Design patents expert witnesses may provide reports regarding patent infringement, computer patents, design patents, and international patents and licensing. In DESIGN PATENT PERSPECTIVE: Use of Experts in Design Patent Cases, Robert G. Oake, Jr., answers the questions:

Do I need an expert?”
What issues can an expert testify on?
Will the expert testimony satisfy threshold evidentiary and case law
requirements?

Mr. Oake is a registered patent attorney specializing in design patent litigation. Read more: http://www.designpatentschool.com/assets/Use%20of%20Experts%20-%20Part%201%20-%20Feb%202012.pdf

May 1, 2013

Pharmacology Expert Witnesses & NuvaRing Litigation

Over 1,000 plaintiffs are suing Merck & Co. in the Eastern District of Missouri over the birth control NuvaRing. The pharmaceutical company is charged with not warning women that the prescription medicine could cause blood clots and possible death. NuvaRing is different than other forms of birth control in that it dispenses hormones directly into the bloodstream which a plaintiffs' pharmacology expert witness argues may cause "spikes" of hormones and lead to blood clots.