In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: Insurance bad faith cases offer an early opportunity for resolution for several reasons. First of all, they are expensive to prepare and try. Capturing the case early, evaluating the damages,…
In Dram Shop Laws – Improving Public Safety, dram shop expert witness Maj. Mark Willingham of Alcohol Solutions, LLC, writes: The business model under which the alcoholic beverage industry operates can be antithetical to the elements of responsible retailing. In many cases tips; a significant part of servers’ income, come…
In Air Rage, aviation expert witness Capt. Bob Norris writes: What are some of the reasons for the increase in passenger disturbances? Serving unlimited alcohol on flights, particularly in first and business class is encouraged by many airlines. With the decrease in cabin pressure at normal cruising altitudes, boarding the…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Still other courts hold that no report is required from a hybrid witness, regardless of the nature of the opinion testimony they will provide, if they were not “retained or specially employed” to provide expert…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on failure to diagnose or erroneous diagnosis: Generally, a delay or failure to diagnose a disease is actionable, if it has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis. This…
STRATEGY FOR NEGOTIATIONS The environment for seeking redress for insurance company wrongs is not always “plaintiff friendly.” While juries may be sympathetic, the barriers posed by evidentiary rules, punitive “caps,” and the views of judges and appellate courts to class actions or large punitive “windfalls” must be evaluated before committing…
In Dram Shop Laws – Improving Public Safety, dram shop expert witness Maj. Mark Willingham of Alcohol Solutions, LLC, writes: A foreseeable and preventable tragedy unfolds several times a day somewhere in the United States. Over fifteen thousand people are killed and thousands more are seriously injured in impaired driving…
In Air Rage, aviation expert witness Capt. Bob Norris writes: A recent issue of a major air carrier’s employee publication noted an almost 200-percent increase between 1994 and 1995 in reports filed with the company by flight attendants describing interference from passengers. The interference included assaulting, threatening, or intimidating crewmembers…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Courts do not agree on this point. Some hold that a hybrid witness who did not prepare an expert report may testify only as to those matters on which they are testifying as a fact…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on actionable malpractice: State laws govern the viability of causes of action for medical malpractice. The laws vary in terms of time limits to bring suit, qualifications of “expert” witnesses, cognizable theories of liability, and proper party defendants/proper party plaintiffs.…