Expert Witness Blog

Transportation expert Deborah Hersman, chairwoman of the N.T.S.B., an independent federal agency which promotes traffic safety and investigates accidents, says the concern over cell phone use is increased due to more powerful phones that people can use to e-mail, watch movies and play games.

Every year, new devices are being released. People are tempted to update their Facebook page, they are tempted to tweet, as if sitting at a desk. But they are driving a car.

In Defy Popular Perception: Overcome the Life Insurance Taboo, insurance expert Philip E. Harriman, CLU, CHCF, 2007 MDRT President, partner with Lebel and Harriman LLP, writes:

The trend in today’s financial planning industry is to avoid talking about life insurance and, instead, focus on investments. Yet talking only about investing assets leaves out a major aspect of planning — how do you grow and protect those assets? The answer is still life insurance. ...

Due to this new trend, fewer and fewer advisors have life insurance expertise. This is not an evolution of the business; instead, it does our clients a disservice.

Read more: lifehealthpro.

For over thirty years, Phil Harriman has worked with family-held and nonprofit businesses in the areas of retirement planning, business continuation arrangements and estate planning. He started his career with Maine Governor James B. Longley’s insurance agency in 1977. In 1983, he and Michael A. Lebel formed an independent insurance and investment brokerage firm - Lebel & Harriman, LLP.

Medical expert Dr. John M Wieland is seeing texting-related tendonitis in his Illinois general surgery practice. De Quervain's tenosynovitis is a painful inflammation of the two tendons that control movement of the thumb.

Read more: mayoclinic.com.

The American Bankers Association Insurance Risk Management Annual Forum will be held January 22-25, 2012, at Loews Miami Beach Hotel, Miami, FL. Programs include:

BLACK SWANS: Your New Normal? Real Life Solutions for Complex Risk Management Challenges

Real LIfe Solutions for Risk Management's New Normal

More information: http://www.aba.com/Events/IRM.htm.

While the North Carolina legislature will be studying the state's auto insurance system in 2012, insurance expert and Chair of the Department of Finance, Banking and Insurance Department at Appalachian State University David Marlet says "I don't think you have a clear consensus among the industry that they (General Assembly) want change."

Read more: financeappstate.ecu.

In Watch Out: A Deluge of Legal Blogs is Approaching, Robert Ambrogi writes:

Better start building that ark, because a deluge of new blogs will soon flood the legal profession. At least, that seems to be the conclusion of a just-released survey of social media in the legal sector conducted by LexisNexis and Vizibility.

Read more: lawsitesblog.com.

In The Insurer’s Duty to Defend: A Quick Analysis, attorney and indemnity expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.

In making the determination of a duty to defend, the truth or falsity of the allegations in the pleadings are not a factor.

Likewise, what the parties know or believe to be the true facts is not a factor to be considered.

The duty to defend analysis focuses on the factual allegations in the pleadings rather than on the legal theories alleged in the pleadings. For example, a mere recitation that the insured was negligent is not determinative of negligence. The focus must be on facts supporting such a contention.

Read more: insuranceexpertnetwork.com.

In The Insurer’s Duty to Defend: A Quick Analysis, attorney and insurance expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.

A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.

If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.

Generally, facts outside of the pleadings (extrinsic evidence) are not deemed material to the court’s determination. This is the case even if such facts can be easily ascertained.

Media experts may consult on the media culture, media formats, media education, and related issues. On July 13, 2011, US Senate Bill 1354 -- Healthy Media for Youth Act was introduced and deals with media literacy. The Center For Media Literacy writes:

Media literacy, therefore, is about helping students become competent, critical and literate in all media forms so that they control the interpretation of what they see or hear rather than letting the interpretation control them.... Len Masterman, the acclaimed author of Teaching the Media, calls it "critical autonomy" or the ability to think for oneself.

In Defining Success in Risk Management Kathleen M. Beans, editor of the RMA Journal, and risk management expert writes:

Financial services leaders addressed two questions during an RMA chapter panel discussion this spring:

What do you mean by success at your enterprise and how does risk management contribute to that success?

Trucking expert witnesses may testify on hours of service, trucking accidents, and federal motor vehicle safety standards, as well as related issues. In Pillars of Driver Retention Truckinginfo.com author Marc Mayfield writes:

You can tie down your loads but you can't tie down your drivers. However, with a little forethought, you might be able to keep the good ones feeling secure.

In a loose adaptation from the book "In The Driver's Seat: Interstate Trucking, a Journey," trucker/author Marc Mayfield offers these tips for keeping your operators satisfied:

1. Inform. As you roll out new policies and procedures, keep your drivers in the loop. Let them know that they're not out there on their own and that they're part of a team that includes managers, mechanics, secretaries and others.

Computers expert witnesses may provide reports concerning computer storage, computer systems, computer forensics, and associated issues. In the news this week, Facebook will be building its first data center outside the US in the Swedish town of Luleaa which is located sixty miles from the Arctic Circle. The center will have 3 buildings of 300,000 square feet each. Facebook says the area is distinctly appealing because cooling computer servers is a major issue.

Risk management plans expert witnesses may consult on risk assessment, financial risk management, and related matters. The risk management plan prepared by the Northrop Grumman Corporation for Interoperability Montana explains risk management.

The identification of risk normally starts before the project is initiated, and the number of risks increase as the project matures through the life cycle. When a risk is identified, it’s first assessed to ascertain the probability of occurring, the degree of impact to the schedule, scope, cost, and quality, and then prioritized. Risk events may impact only one or while others may impact the project in multiple impact categories. The probability of occurrence, number of categories impacted and the degree (high, medium, low) to which they impact the project will be the basis for assigning the risk priority. All identifiable risks should be entered into a risk register, and documented as a risk statement.

Merchandise licensing expert witnesses may testify on character images, merchandising, and licensing fees. In Power Rangers Halloween Costumes Morph Into Copyright And Trademark Infringement Suit, Milord A. Keshishian writes on the case against Underdog Endeavors, Inc. Go to:

iptrademarkattorney.com.

Paralegal Knowledge Institute is offering a 4-week online, interactive course specifically designed for paralegals entitled: THE PARALEGAL'S ROLE AT TRIAL

Class #1: Pre-Trial Part 1

Introduction
Witness and Exhibit Lists
Working Within the Trial Team (Planning, Objectives, Expectations, Tasks)
Pre-Trial Motions
Judicial Research (Judge, Local Rules, Rules of Court)
Trial Subpoenas and Witnesses

In Nightclub & Bar Security: Death of a Nightclub, nightclub security expert Chris McGoey, CPP, CSP, CAM, writes:

Nightclub problems arise when there is intentional over-crowding, over-serving of alcohol, failing to ban minors, admitting and serving obviously intoxicated persons, and known troublemakers. Other liabilities include failure to control loitering in the parking lot, failure to establish and enforce reasonable club rules, and an intentional policy not to call the police when warranted. Poor business decisions can make a club too intense and will place too much responsibility in the hands of club bouncers to control misconduct. This is a big mistake.

Read more: crimedoctor.com.

Nightclub security expert witness, Chris McGoey is writing a book entitled, Nightclub & Bar Security: Avoiding Liability and Negligence Claims. Here is an excerpt.

Bouncers are often the most visible aspect of security in a nightclub or bar. Bouncers in city-clubs often stand out as the huge guys dressed in black. Bouncers and doormen are an important part of a comprehensive nightclub and bar security plan. However, employing overly aggressive bouncers and doormen with little training and inadequate procedures can contribute to the Death of a Nightclub.

Read more: crimedoctor.com.

Media expert witnesses may opine on film, television, wireless technology, and associated topics. In the news, Lee Knife, Interim Executive Director of the Digital Media Association, responded to AT&T's recent announcement of its plan to slow down the speed or "throttle" wireless service for its heaviest data users.

If implemented, AT&T's plans to throttle or place arbitrary caps on mobile wireless data users will likely hinder the substantial economic progress, innovation and improvements to the general public welfare that have been witnessed since the advent of the Internet. On issues ranging from education to healthcare to online gaming and other forms of social entertainment, Internet access has given rise to countless new opportunities by offering an important pipeline of information and services that were unimaginable just a few short years ago.

Read more: digmedia.org.

Logistics industry expert witnesses may write reports and testify on on issues including interstate motor carrier operations, truck fleets, and related topics. Just for fun, in her blog All That's Trucking, Deborah Lockridge, writes:

Five words or less

On a LinkedIn transportation discussion group, there's been a discussion thread where members answer the simple question: "In five words or less, describe what you do." I wanted to share some of the responses with you, from the simple to the sublime to the just plain funny:

Match customers to trucks

Deliver the capacity you need

Keep the trucks full

Use our trucks to please

Baby sit delivery drivers daily

Evaluate, train drivers better & faster

Safety first tonnage last

Keep vehicles safe and secure

Transport freight safely, on time

Problem solver, professional cat wrangler

Stomp out fires, go home

Live up to others' promises

Battling the forces of evil

Never blow anything up

In Long‐Term Property Insurance, risk management experts Dwight Jaffee, Howard Kunreuther, and Erwann Michel‐Kerjan, Risk Management and Decision Processes Center, The Wharton School of the University of Pennsylvania, April 2010, write:

This paper proposes long-term insurance (LTI) as an alternative to the standard annual property insurance policy. LTI offers significant benefits to many stakeholders by reducing insurers’ administrative costs, lowering search costs, providing stability to consumers and incentivizing property owners to invest in risk-reducing measures.

Read more: http://opim.wharton.upenn.edu/.