In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: Insurance companies have increasingly relied on what they perceive as an emerging “defense” to their denials or wrongful handling of claims from their insureds: the “good faith dispute.” Initially, this…
Hydrology and groundwater expert witness Rick Van Bruggen, P.E., D.WRE, writes on whether expert witnesses are “recession proof.” As an expert witness I am seeing that, while our field of work is not completely “recession proof,” it does seem to be significantly buffered from the full effects of a recession.…
Based on a ruling from a Charleston judge, Bausch & Lomb Inc. plans to seek to dismiss the majority of active lawsuits stemming from the 2006 global recall of a top-selling contact lens solution. David C. Norton, chief U.S. District Court judge in Charleston, last week granted the eye-products maker’s…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write on when the expert testimony does not fit the case: The expert testimony must also “fit” the facts of the case. That is, the expert must testify about scientific theories that have a…
Do you need to hire a forensic science expert witness? The University of Alabama describes what these professionals do: Most forensic scientists work in a lab doing “traditional” forensic science (DNA, drugs, trace, etc.). Analyzing evidence in the lab requires an undergraduate degree in chemistry, biology, or a related natural…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: The duty to investigate is an important duty of an insurer. Hence, it can be an important part of a bad faith case. The erroneous withholding of policy benefits based…
In Good Data Drives Out Bad Cases, marketing expert witness and president of Applied Marketing Science, Inc, Robert L. Klein writes on the value of early data: Often just the threat of a survey or the designation of a survey expert can motivate a plaintiff to rethink their strategy. A…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write on when the expert’s facts are wrong: An expert’s opinion is unreliable if his or her facts are wrong. As the Supreme Court explained, if “the foundational data underlying the opinion is unreliable,…
Accident reconstruction expert witness Will Meredith lays out the steps in accident reconstruction: GENERALLY TAUGHT AND ACCEPTED METHODOLOGY FOR RECONSTRUCTION OF AN ACCIDENT IS AS FOLLOWS: 1) REPORTING: Strictly factual, no opinions. 2) INSPECTION: Includes measurements at scene, photographs, vehicle inspections, all observable evidence at scene. 3) TECHNICAL PREPARATION: May…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: While not an exhaustive list, the following are indicia of bad faith conduct under various standards: • Failure to investigate a claim thoroughly; • Failure to evaluate a claim objectively;…