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
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.
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/.
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.
Patents expert witnesses may consult on design patents, international patents, licensing, and related issues. In Will Spanx Case Make Design Patents a Fashion Trend?, Legal Blog Watch writes:
The escalating patent battle between shapewear makers Spanx and Yummie Tummie over body-slimming camisoles has sparked discussion about what it and similar cases may mean for the future of design patents in the fashion industry.
Read more: http://legalblogwatch.typepad.com
In Zithromax and Sudden Death, emergency medicine expert witness Barry E. Gustin, MD, MPH, FAAEP, FACFM, writes:
At one time or another, most of us have taken the antibiotic, Zithromax. It is one of the most commonly prescribed medications for conditions including bronchitis, pharyngitis, sinusitis, and others. The discussion that follows has to do with Zithromax's side-effects, some of which are potentially life-threatening. Recently, I have seen a case in my emergency room of sudden cardiac arrest secondary to the cardiac effects of Zithromax. The FDA has recently warned of this phenomenon.A recent FDA bulletin wrote that antibiotic azithromycin (Zithromax, Zmax; Pfizer) poses the risk of a potentially fatal irregular heart rhythm and therefore warrants careful screening of patients for this drug.
Read more: http://www.emergencymedicineexpert.com/.
Legal fees expert witnesses may advise regarding attorneys' fees, legal billing, and fee disputes. DLA Piper, a global law firm with 4,200 lawyers located in more than 30 countries, is being sued for overbilling. Emails sent by several former DLA Piper lawyers uncover billing for unnecessary or unworked hours in a New York bankruptcy case. Adam Victor hired DLA Piper to handle a case for the power plant company Project Orange Associates. Victor is now suing his former law firm.
DLA Piper v. Victor, 650374/2012 Supreme Court of the State of New York.
In Healthcare Reform: Hurricane or Rainbow, insurance expert witness Stephen George, MBA-HA, writes:
The common denominator to the “business of healthcare” is the assumption and management of financial risk. Fewer and fewer insurers will allow physicians and hospitals a blank check going forward, and our government will set the pace of the charge because of the burgeoning Medicare and Medicaid entitlement programs. The sooner medical providers realize their future autonomy hinges on balancing cost with efficacy of care, the better chance of keeping control. The AMA has been enormously effective at repealing federal fee schedule cuts, but that cannot be counted on forever. The AHA has been noticeably ineffective in getting cuts repealed. Should the national insurance advocates have their way, tremendous change is in store for hospitals, physicians, health insurers and consumers.
Mr. George is a federal court qualified expert witness. He is certified by the AMA for CME teaching, and holds adjunct professor status at Nova University, Southeastern. Since establishing Provider Risk in 1995, Mr. George has served as president and CEO.
The Florida Senate passed legislation that would tighten restrictions on expert witnesses in medical malpractice cases. Florida SB 1792 now goes to the state House. The legislation requires expert witnesses in malpractice cases to be experts in the same specialty as the doctors who are defendants. Those opposed say that the change will decrease the number of expert witnesses eligible to testify which could be a hardship for those pursuing malpractice cases.
Read more: SB 1792: Medical Negligence Actions
Mechanical engineering expert witnesses may opine on issues regarding applied mechanics, mechanical failures, mechanical systems, and associated matters. This week, Garfield County Oklahoma District Court Judge Dennis Hladik ruled that the discovery deadline will not be extended to include expert witness George Wandling in the negligence case against Zaloudek Grain Co. Plaintiffs include the families of young men who lost their legs while working at a company grain elevator. Dr. Wandling, P.E., C.F.E.I., President of Wandling Engineering, is an expert on the design of the grain facilities.
Complicating matters, insurance company CompSource refused to cover the accident. Zaloudek's worker compensation policy was cancelled when the company did not provide information for an audit in a timely way.
Read more: http://enidnews.com/
Columbia Professor of Law Jeffrey Fagan testified in the trial against the New York City Police Department's "stop and frisk" program. The police procedures expert witness represented plaintiffs who say they were illegally stopped and frisked. Ny1.com reports Fagan testified that the "stop and frisk" practice was based on race which the NY Police Department denies.
Petroleum engineering expert witness Robert Bea testified Thursday in the British Petroleum oil spill trial. The UC Berkeley engineering professor says BP failed to follow safety precautions which resulted in the death of eleven workers and a massive oil spill. United States District Court for the Eastern District of Louisiana Judge Carl Joseph Barbier is presiding.
Read more: http://www.local15tv.com/default.aspx.
Florida HB 7015 put forward by the Florida House Civil Justice Subcommittee and cosponsors Larry Metz and Matt Gaetz would update rules regarding expert witness testimony.
Expert Testimony: Provides that witness qualified as expert by knowledge, skill, experience, training, or education may testify in form of opinion as to facts at issue in case; requires courts to interpret & apply principles of expert testimony in conformity with specified U.S. Supreme Court decisions; subjects pure opinion testimony to such requirements; provides that facts or data that are otherwise inadmissible may not be disclosed to jury by proponent of opinion or inference unless court determines that probative value of facts or data in assisting jury to evaluate expert's opinion substantially outweighs prejudicial effect.Effective Date: July 1, 2013
Last Event: Filed on Wednesday, February 13, 2013 6:52 PM
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=50027
Ventilation expert witnesses may report and testify on HVAC control systems, air conditioning, climate control, and related matters. Tony Abate of AtmosAirTM Solutions says Carnival Triumph passengers are being exposed to health risks due to raw sewage leaks and lack of ventilation, as reported in the Daily News. Over 4000 passengers and crew have been stuck aboard the cruise ship since Sunday due to an engine room fire. Passengers describe the conditions as horrible while waiting to reach port in Mobile, AL, on Thursday evening.
Education and schools expert witnesses may testify on school funding, school districts, and education administration. In the news, Shirley Beaulieu, chief financial officer at the Texas Education Agency, testified before state District Judge John Dietz that Texas’ public schools are $1 billion short. Stanford University education expert Eric Hanushek testified for Texans for Real Efficiency and Equity in Education and said funding is not so much the issue as "lack of efficiency."
SEAK, Inc. will present its 22nd Annual National Expert Witness Conference April 27-28 in Rosemont, Illinois. SEAK writes:
Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized presenters will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include intensive breakout sessions.
SEAK has trained well over 20,000 expert witnesses, physicians, lawyers and nurses nationwide, and is located on Cape Cod, MA. More info: http://store.seak.com/22nd-annual-national-expert-witness-conference-april-27-28-2013/
Aircraft design expert witnesses may report on the airline industry, aviation accident analysis, aviation safety, the aircraft industry and associated matters. In the news, Boeing 787 Dreamliners are grounded around the globe for safety checks. Aviation experts say that fires on two 787 aircraft were likely caused by lithium-ion batteries receiving too much voltage too quickly. Dr. Jay Whitacre, Associate Professor at the Department of Materials Science and Engineering, Carnegie Mellon University, states "Other batteries don't go this wrong when you treat them this badly.” Professor Whitacre has worked on developing a materials system for energy storage technologies at the Jet Propulsion Laboratory and was a member of the Mars Science Laboratory development team.
In Elected Judge May Complete Expert Witness Testimony, Michael S. Frisch, Ethics Counsel Georgetown Law Center writes:
The Florida Judicial Ethics Advisory Committee has a recent opinion on the ethics of a judge testifying as an expert when retained prior to his election as a judge:
ISSUESMay a judge-elect testify as an expert on attorney’s fees at an evidentiary hearing which had commenced while he/she was a candidate for judge but had been continued to conclude his/her cross-examination after the date he/she was elected to the bench?
ANSWER: Yes.
More: http://lawprofessors.typepad.com/legal_profession/2012/09/the-florida-judicial-ethics-advisory-committee-has-a-recent-opinion-on-the-ethics-of-a-judge-testidfying-as-an-expert-when-re-1.html
In Ohio Appellate Court finds expert testimony on legal malpractice required, legal ethics expert witness James King writes:
In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that plaintiff failed to present expert testimony establishing that defendants failed to exercise “the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession.” McWilliams v. Schumacher, 2013-Ohio-29, 2013 WL 118918 at *6. The court cited to Ohio law requiring expert testimony demonstrating the attorney’s breach of his standard of care, in all cases except where the breach of care was ‘obvious’:
“[I]t is well settled in Ohio that in order to prevail on a legal malpractice claim a plaintiff must demonstrate, through expert testimony, by a preponderance of the evidence, that the representation of the attorney failed to meet the prevailing standard of care, and that the failure proximately caused damage or loss to the client. Zafirau v. Yelsky, 8th Dist. No. 89860, 2008–Ohio–1936, ¶ 27. Further, “the Supreme Court made it clear that there must be a causal connection between the lawyer's failure to perform and the resulting damage or loss.” Jarrett v. Forbes, 8th Dist. No. 88867, 2007–Ohio–5072, ¶ 19, explaining Vahila v. Hall, 77 Ohio St.3d 421, 1997–Ohio–259, 674 N.E.2d 1164.“Expert testimony is required to sustain a claim of legal malpractice, except where the alleged errors are so simple and obvious that it is not necessary for an expert's testimony to demonstrate the breach of the attorney's standard of care. Hirschberger v. Silverman, 80 Ohio App.3d 532, 538, 609 N.E.2d 1301 (6th Dist.1992); McInnis v. Hyatt Legal Clinics, 10 Ohio St .3d 112, 113, 461 N.E.2d 1295 (1984); Rice v. Johnson, 8th Dist. No. 63648, 1993 Ohio App. LEXIS 4109 (Aug. 26, 1993); Cross–Cireddu v. Rossi, 8th Dist. No. 77268, 2000 Ohio App. LEXIS 5480 (Nov. 22, 2000).”
McWilliams v. Schumacher, supra. In McWilliams, the plaintiff alleged that his former attorneys breached their duties by excluding him from settlement negotiations and handling the matter in a manner that did not meet professional standards. The appellate court upheld a trial court determination that, under these facts, the alleged act of malpractice was not obvious and required expert testimony to substantiate that malpractice had occurred.
Pesticides expert witnesses may report on pesticide products, pesticide regulations, and pesticide contamination. Recent research is showing a strong link between pesticides and Parkinson's disease among farm workers and those who live near croplands. PsychCentral.com reports that UCLA neurologists have discovered a link between Parkinson's and the pesticide benomyl with effects ten years after it was banned.
Pesticides paraquat, maneb and ziram have also been tied to increases in Parkinson’s not just among farm workers but in those who simply lived or worked near fields where the pesticides were utilized.
