Expert Witness Blog

Trucking expert witnesses may opine on federal motor carrier safety regulations and the Department of Transportation (DOT), as well as other issues. Trucking experts at the Owner-Operator Independent Drivers Association (OOIDA) recently issued a press release, coming out in support of the newly proposed Motor Carrier Protection Act of 2010.

Warning that with the introduction of the new bill, that "bad brokers' days are numbered," they applauded the legislation that would significantly increase regulatory oversight of brokers and freight forwarders in the trucking industry.

The senate bill was introduced by Senators Olympia Snowe (R-Maine) and Amy Klobuchar (D-Minn.). S. 3483 was introduced in response to concerns about unscrupulous brokering practices that prey upon small business truckers. The two senators worked closely with the OOIDA as well as the Transportation Intermediaries Association in developing this legislation. The Motor Carrier Protection Act of 2010 legislates an increase in the broker bond from $10,000 to $100,000 and expands that bond requirement to freight forwarders. It increases requirements and disclosures for any person or company seeking to obtain broker or freight forwarder authority.

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

Entertainment and media expert witness Constance Penley, whose testimony was disallowed by the Santa Barbara judge in the John Stagliano obscenity trial, spoke out on Thursday about porn, obscenity and Stagliano himself. Penley says with every technological advance, there’s a greater democratization of sexual explicit expression through film, video, photography and the Internet, allowing more people access to sexual explicit material.

The pornography expert says many people don’t think it’s important to define pornography. She says they think they already know what pornography means, which is not just sexually explicit expression, but that it is obscene, has no 1st Amendment protection and therefore can be banned. Penley teaches film and media at the University of California, Santa Barbara.

Read more:xbiznewswire.com.

The defense team for Peter Brown has chosen not to call him to give evidence at his trial in the death of jockeys Jamie Kyne and Jan Wilson in the fatal fire of September 5, 2009. Fire expert witness Philip Reed testified on the different factors involved in the tragic blaze at Buckrose Court flats in Norton, UK. The fire expert witness testified that it is not possible to determine whether the blaze developed through flames or smoldering because there wasn't enough evidence of the fuel that fed it, and the way that fuel was arranged, or "configured".

For more, see racingpost.com.

Prosecutors rested their case Thursday against a Billings, MT, woman charged with aggravated assault after an expert in child abuse told the District Court jury that the 8-month-old victim’s injuries could not have happened from an accidental fall. Dr. Wilbur Smith, a nationally known expert in child abuse and child brain injuries, testified at the trial of Nevada Ugalde, who is accused of causing severe injuries to the child she was baby-sitting on June 11, 2008. Smith said he determined that the injuries suffered by the child, Isaiah Napier, were the result of abuse.

The brain injury expert witness said the child will suffer some permanent brain damage due to the severity of the injuries. Ugalde’s defense attorney has said the woman will testify at her trial. Ugalde denies harming the child, saying the child fell out of a crib.

Excerpted from billingsgazette.com.

Forensic psychiatry expert witness Dr. Montgomery Brower testified today that accused killer John Odgren gave varying accounts of the fatal Lincoln Sudbury High School stabbing to cope with what happened. Odgren, 19, is on trial for first-degree murder for the Jan. 19, 2007 stabbing death of classmate James Alenson, 15. His defense attorneys do not dispute that Odgren, then 16, fatally stabbed Alenson, but say he was legally insane when the crime occurred.

Brower is the third defense expert witness to testify Odgren was out of his mind at the time of the stabbing and is not criminally responsible for his actions.

For more, see bostonherald.com.

In 2003, Racine County requested bids for a consultant to upgrade its software and train its employees in using it. Oracular Milwaukee, Inc. was awarded the contract. But the project didn’t go as planned, and Racine sued Oracular for breach of contract and statutory misrepresentation. In a case decided April 2, the Wisconsin Supreme Court concluded that the issues at stake were not so complex as to require testimony from a contracts expert witness.

The court wrote: “[W]e do not close the door to the possibility that expert testimony may later assist the trier of fact in evaluating Racine County’s breach of contract claim. Our point is only that in the posture of summary judgment, Racine County was not required to name an expert witness as a matter of law.”

For more, see wislawjournal.com.

Newzbin, the Internet’s premier Usenet indexer, has lost its High Court case against several Hollywood movie studios. Justice Kitchin found the company, which turned over more than £1 million in 2009, liable for copyright infringement and will issue an injunction restricting its activities later this week. The London High Court showdown between Twentieth Century Fox, Universal, Warner Bros., Paramount, Disney, Columbia Pictures and Newzbin Ltd ended earlier this month.

The claimants used Andrew Clark, Head of Forensics at Detica Limited, as their copyrights expert witness. His description of Usenet was not challenged in court.

Excerpted from torrentfreak.com.

In a $242 million lawsuit VirnetX alleges Microsoft's Office Communicator and other products infringed upon its patents on technology for automatic and secure virtual private networks, or VPNs. On March 17th, Microsoft attorney Matthew Powers, of Weil Gotshal & Manges, cross-examined computers expert witness Mark T. Jones, an electrical and computer engineering professor at Virginia Tech who testified in favor of VirnetX.

The Scotts Valley, Calif., company of 12 employees alleges Microsoft infringed two of its patents – Nos. 6,502,135 and 7,188,180 – on technology for secure and automatic virtual private networks, or VPNs. In its defense, Microsoft is arguing that the patents are invalid largely because the technology was obvious – in this sense, a legal term – and that Microsoft's Windows XP, Windows Vista, Office Live Communicator and other products did not infringe.

For more, see seattlepi.com.

Changes to the way California manages its water delivery system are in the works, including options that avoid central pumps at the south end of the Sacramento Delta, known to harm fish. The plan is to make improvements not only to the pumping system, but also to establish habitat where aquatic and land animals can recover. At a Northern Sacramento Valley Water Forum held in Chico Wednesday, experts discussed the status of the process, with about 100 people in attendance.

Chuck Hanson, a fish biology expert witness, has written more that 75 scientific reports and called as an expert witness for state and federal court cases. Hanson displayed graphs that showed that in the last decade many fish species have declined dramatically. "The message is that what we're doing isn't working," Hanson said.

For more, see chicoer.com.

A Symmes Township, OH, man was sentenced Monday to 180 days in jail for street racing and aggravated vehicular homicide in a Clermont County crash that took the life of a friend riding in his hot-rod car. Purcell’s car was going 70 to 90 mph at the time of the fatal wreck, according to an accident reconstruction expert witness.

Dustin Purcell, 21, had faced up to five years in prison when sentenced by Judge Victor M. Haddad of Common Pleas Court. The prosecution recommended that he be put on probation for five years with the understanding he would speak to kids about the risks of reckless driving. The souped-up 1992 Honda Civic LX driven by Purcell ran off the right side of the narrow, two-lane road, hit a ditch and flipped over three times about 12:22 a.m.

For more, see cincinnati.com.

All lawsuits filed in federal court against Pfizer over alleged side effects of Chantix, their popular smoking cessation treatment, have been centralized for pretrial litigation before U.S. District Judge Inge Prytz Johnson in the U.S. District Court for the Northern District of Alabama as part of a multidistrict litigation (MDL). The cases involve similar allegations that Pfizer failed to adequately research their medication or warn about the risk of suicide from Chantix or other psychological side effects.

Experts, including neuropsychology expert witnesses, must be designated by April 2011 and May 2011, for the Plaintiffs and Defendants respectively, with expert depositions set to begin in July 2011 and conclude by October 3, 2011. Motions practice on general causation and liability will then occur through the end of 2011, with case specific expert discovery not permitted to begin until after the Court decides the issues that are generally applicable to cases in the litigation.

For more, see aboutlawsuits.com.

In July 2008, plaintiff Ted Slaughter filed a medical malpractice lawsuit claiming he was not promptly treated by the Beaumont Bone & Joint Institute after cutting his left hand in a circular saw. Slaughter alleges the delay led to the amputation of his right index finger. On March 4, justices seated on the Texas Ninth District Court of Appeals issued a memorandum opinion that partially reversed the lower courts ruling which kept several Beaumont Bone & Joint employees trapped in the ongoing litigation.

The clinic, in its appellate brief, argued that the "trial court abused its discretion in failing to dismiss (Slaughter's) claims of direct negligence ... when these claims were not (thoroughly) discussed in any expert report." Conversely, Slaughter argued the appellate court lacks jurisdiction over the matter and claimed the medical malpractice expert witness report does not have to conform to Texas civil law since "no new claims were made in the amended petition."

For more, see Southeast Texas Recordhttp://www.setexasrecord.com/.

At least 51 witnesses may be called upon by the Park District of La Grange, IL, to provide testimony in an upcoming Cook County Circuit Court hearing in support of its petition to sell 2.82 acres of Gordon Park to developer Atlantic Realty Partners. Experts named in the document include real estate valuation expert witness Patricia L. McGarr and real estate expert witness Brian L. Paupore, both of Integra Realty Resources. Witnesses recognized by the court as experts may include opinions in their testimony where appropriate, whereas other witnesses may only speak to the factual nature of any evidence presented.

The Park District reserved the right to add additional witnesses at a later date. Judge Susan Fox Gillis has not yet set a date for the presentation of testimony, but the next status hearing is scheduled for Feb. 19.

For more, see http://everythinglagrange.typepad.com.

The trial of Stanley Cole, who is accused of murdering his girlfriend, Jackson State University student Latasha Norman, is set to begin February 8 in the Circuit Court of Hinds County, Mississippi. The evidence against Stanley Cole at this point includes: (a) he confessed to murdering Natasha Norman; (b) he confessed to placing her in the trunk of his car; and (c) he went out on a date with another woman while Latasha Norman’s corpse was in his trunk. There is DNA evidence that places Latasha Norman’s blood in Stanley Cole’s trunk. Circuit Judge Swan Yerger postponed Cole's murder trial to make sure pathology expert witness Dr. Steven Hayne will be available to testify.

Source: criminaldefenseblog.net.

Michael Dean and Lucinda Stone, owners of Function Media, claim Google products infringe their '025 and '059 patents. The patents involve taking raw data and automatically formatting customized advertisements to be published on Web sites. Function Media is seeking $600 million in the U.S. District Court for the Eastern District of Texas, which is 12 percent of royalties from Googles' AdSense for Content program. Function Media claims that it is their technology Google is using to create and publish customized advertisement on sites.

Software development expert witness Mark Lanning testified that he did not believe Google is guilty of infringement while Ms. Stone said she discovered similarities in Function Media and Google's programs while using Google's AdSense to publish ads on her own Web site in 2004. According to Google's AdSense for content Web site, the free program allows Web site publishers to display relevant Google ads on their content pages and earn money from valid clicks or impressions. Google reportedly generated more $5 billion in revenue from the program.

For more, see marshallnewsmessenger.com.

Information technology expert witness Mark Lanning testified Monday for Google in the case of Function Media versus Google. Michael Dean and Lucinda Stone, owners of Function Media, claim the Google products infringe their '025 and '059 patents. The patents involve taking raw data and automatically formatting customized advertisements to be published on Web sites.

During his testimony in the U.S. District Court for the Eastern District of Texas, Lanning said he did not believe Google is guilty of infringement for a few reasons:

Google does not permit advertisers to input information to create an electronic advertisement customized to selected "Internet media venue's presentation rules." Presentation rules refer to the color, layout and content of a site.

Google does not publish advertisements to Internet media venues. It sends it directly to users.

Google does not allow advertisers to input information to selected Internet media venues and does not display advertisements on each selected Internet media venue.

For more, see marshallnewsmessenger.com.

Bear Stearns former lawyer Raymond Aronson is to testify as a securities expert witness against Bear Stearns. The bank Keefe, Bruyette & Woods is suing Bear over allegedly overpriced bonds Bear hedge funds sold nearly three years ago. Keefe hired Aronson, who is currently with Sutter Securities Group, Inc., to testify as an expert witness on legal and industry practices related to prime brokerage and clearing transactions in the pending arbitration case. Aronson worked 29 years for Bears Stearns until 2004.

For more, see www.businessinsider.com.

The obvious signs of Neil Beagley's failing health gave his parents ample warning that the teenager needed immediate medical treatment, a doctor testified Friday. Pediatric urology expert witness Dr. Edward Guillery, who specializes in childhood kidney disease, said that a record of the boy's food consumption clearly signaled his decline. "The fact that there was (a record) is what really caught my attention," Guillery said. Food journals "usually reflect a significant concern that something is wrong."

The boy's parents, Jeffrey and Marci Beagley, are charged with criminally negligent homicide for failing to provide medical care for Neil, who died in June 2008. The family belong to Followers of Christ, an Oregon City church that generally relies on faith-healing rather than doctors and medicine.

For more, see oregonlive.com.

Providence, RI, Senior U.S. District Judge Ronald R. Lagueux on Wednesday gave his oral judgment in favor of Dunkin' Donuts defendants and adverse to Dunkin’ Donuts franchisee Irwin Barkan. Dismissing the jury on the seventh day of trial, he also granted Dunkin defendants’ oral motion to preclude the testimony of Barkan’s franchise valuation expert witness, Frank Torchio. Barkan has been fighting in court against the franchisor for five years after losing his six stores and his store development agreements to open new franchises. He claimed that Dunkin’ intentionally blocked his efforts to refinance his stores through CIT, even though Dunkin’ had agreed to the financial restructuring of his company.

Barkan asserts that Dunkin’s interference of the refinancing process forced him into bankruptcy with his stores, and that it was an intentional act by Dunkin’ to eliminate him from the system.The expert witness was to give evidence that Barkan would have made $13 million if he had received the refinancing and continued to open his additional stores. In recent years, Dunkin’ Brands has been accused of hardball tactics in terminating smaller franchisees, under the guise that they have breached their contracts. Franchise operators have alleged that they then sell the stores to large multi-unit operators of Dunkin’s choosing.

For more, see bluemaumau.org.

Wireless communications expert witness and FBI Special Agent William Shute recently worked on the case of Bonnie Sweeten, a Bucks County mother who faked a carjacking-kidnapping in May and two days later was taken into custody at Disney World with her nine-year-old daughter.

Sweeten had told emergency dispatchers that she and her daughter were snatched in the middle of the day Tuesday by two men who rear-ended her SUV in suburban Philadelphia. He said Philadelphia police contacted the expert witness within five minutes after they had received the 911 call from Sweeten reporting she and her daughter had been carjacked. Using his expertise on cell towers, "we knew within an hour that she was lying" because the call bounced off a cell tower some 16 miles away from where she said she was, said Shute.

For more, see phillyburbs.com.