Articles Posted in Researching Experts

In Undue Influence in Making Bequests: A Forensic Psychiatrist Examines the Evidence, undue influence expert witness Stephen M. Raffle, M.D., writes:

Undue influence when creating a will, codicil to amend a will, trust or other legal instrument, occurs when the conduct of another prevents a testator (or anyone for that matter) from exercising his or her free will. The occurrence of undue influence is established by demonstrating that the testator’s testamentary disposition was caused by undue pressure, argument, or other coercive acts which destroyed the testator’s freedom of choice in the disposition of the assets of his or her estate, and is replaced by the substituted judgment/wishes of another. Litigants may characterize the circumstances as perceived or misperceived exploitation of a vulnerable individual, especially as we see a generation of baby boomers reach ages at risk for dementia and Alzheimer’s, both medical conditions best assessed by a medical doctor. Undue influence may be proven with circumstantial evidence, i.e., without direct evidence. It is necessary to demonstrate by fact that undue influence has occurred. Often the term “undue influence” in a testamentary setting is lumped with the phrases “testamentary capacity” and “competency” to make a Will or Trust. A dispute about testamentary capacity may arise in the same case as undue influence, but from the forensic psychiatrist’s point of view, the issues are different. The making of Wills vs. Trusts have different thresholds of competency and the distinction is important to understand when evaluating if susceptibility to undue influence is considered.

There are various indicia of undue influence. Those indicia include, but are not limited to, the following:

In Choosing an Orthopedic Surgery Expert Witness, Burton Bentley II, M.D FAAEM, writes:

Orthopedic surgery (commonly spelled “Orthopaedic” in academia) is a field of surgery dealing with the surgical treatment of disease and injury of the musculoskeletal system. Orthopedic surgeons are licensed physicians who complete a five year residency program in orthopedic surgery often followed by subspecialization in a specific branch of orthopedic surgery. Common subspecialty areas include Hand Surgery, Total Joint Reconstruction (i.e. arthroplasty), Pediatric Orthopedics, Foot and Ankle Surgery, Spine Surgery, Sports Medicine, and Trauma. Board certification in Orthopedic Surgery is conferred by the American Board of Orthopaedic Surgery, a section of the American Board of Medical Specialties (ABMS). Physicians who enter the field of orthopedics via an osteopathic pathway (D.O. rather than M.D.) are eligible for Board Certification under the American Osteopathic Board of Orthopedic Surgery.

Orthopedic surgeons diagnose, image, medically treat, and surgically correct a broad range of musculoskeletal conditions. Common procedures in orthopedic surgery include arthroscopic surgery upon the knee and shoulder, joint replacement surgery (predominantly upon the hip and knee), spine surgery, and carpal tunnel release. The foundation of orthopedics, however, is the stabilization and treatment of various fractures. Fractures may be treated non-operatively (closed reduction) or operatively (open reduction). Some fractures may require internal hardware (internal fixation) while others require external hardware (external fixation) or no hardware at all. The most common fracture sites include the hip (e.g. femoral neck), ankle, tibia, wrist (radius and/or ulna), humerus, and clavicle. Other acute conditions in orthopedic surgery include compartment syndrome and the management of complex bone and joint infections. Depending on the complexity of the procedure, orthopedic interventions may be performed in the office, in an outpatient surgical facility (ambulatory surgery center), or in a hospital-based operating room.

Explosions expert witnesses may consult on flammable materials, fire & explosion analysis, and natural gas explosions, as well as related matters. Investigators have reported that the cause of an explosion last week in Stafford Township, NJ, was a crack in a gas line. Firefighters, paramedics, and New Jersey Gas employees were injured. The shock wave from the explosion flattened one home and damaged a score more.

Commonly used for heating, natural gas, methane, propane and butane make up the majority of residential gas explosions. After a 127 year old gas main exploded in East Harlem, NY, in 2014, Natural Gas Watch.org wrote that natural gas explosions seem to be occurring with disturbing regularity in the US.

There are more than 5,000 miles of natural gas pipeline beneath the streets, homes and buildings of New York City and according to public records, a significant portion of that underground pipeline is made of aging cast iron that’s prone to leak. Indeed, hundreds of miles of this pipeline are at least 100 years old and some of it even dates back to 1889.

Natural Gas Watch.org reported in 2014:

In A Review of BMC Software, Inc. v. Commissioner of Internal Revenue: Should Intercompany Accounts Receivable Be Considered “Debt”? Samuel S. Nicholls of Willamette Management Associates writes:

In the matter of BMC Software, Inc. (“BMC”) v. Commissioner, the U.S. Tax Court (the “Tax Court”) ruled on the definition of “debt” as it relates to intercompany indebtedness between a U.S. tax¬¨payer and its foreign subsidiary.

At issue in this decision was the BMC accounts receivable owed from its foreign subsidiary, BMC Software European Holding (BSEH). This accounts receivable was created as a result of a transfer pricing settlement between BMC and the Internal Revenue Service (the “Service”) in 2007.

In Myocaritis in Children: A Diagnosis to Consider in the Pediatric Emergency Department, a board certified pediatric emergency medicine expert witness explains that myocarditis, or inflammation of the heart muscle, may result in significant heart malfunction or death. This is a condition that may result in misdiagnosis and is important for the pediatric emergency medicine physician to be familiar with and consider.

In children, the most common reason is due to a viral infection. Other causes include Lyme disease, Rocky Mountain spotted fever, toxic shock syndrome, fungus infections and or parasites.

Since myocarditis in children may mimic other conditions, the diagnosis of myocarditis is challenging. It is a rare condition, with common symptoms that the pediatric emergency medicine provider may encounter with other common conditions.

In Are We Nearing a Global Turning Point?, business expert witness Douglas E. Johnston writes:

Several important economic factors appear to be moving unfavorably for the US at the moment, both domestically and abroad, and there are increasing indications that America may not be able to orchestrate a hoped-for global resurgence on its own. Despite encouraging signs of domestic recovery, fundamental structural problems persist in the US economy. The National Debt now exceeds $18 Trillion, the Department of Agriculture confirms that well over 46 million Americans continue on food stamps, and key voices have stepped forward asking for a deeper look at several U.S. economic statistics.

Last week long-time Gallup CEO Jim Clinton very boldly drew attention to the government’s recent 5.6% unemployment numbers, questioning them as overly optimistic interpretations of data, and noting on CNBC that the percentage of Americans holding full-time jobs is now the lowest in 60 years. Former US Asst. Treasury Secretary Dr. Paul Craig Roberts added more to the unemployment conversation recently when he calculated that the true US jobless rate may reach nearly 23% after adding back several categories of workers who have now given up looking for work. Several other media sources including CBS Radio have reported that as many as a record 92 million Americans may now be now functionally unemployed.

In When is a Handwriting Expert Not a Handwriting Expert? handwriting expert witness Dennis Ryan of Applied Forensics, LLC, writes:

A handwriting expert is not a handwriting expert when they are called on to examine aspects of a document that do not require a handwriting examination. Most handwriting experts are actually Forensic Document Examiners (FDE’s). The expertise of a Forensic Document Examiner goes well beyond the examination and comparison of signatures, hand-printed or handwritten items.

The Forensic Document Examiner (Handwriting Expert) can examine documents to determine if they are forged. For example, our FDEs have examined documents associated with a vintage automobile sale. The documents that were produced in the sale of the automobile were the window sticker, the bill of sale and other related documents. The price of the automobile was increased by a hundred thousand dollars ($100,000) when these documents were used in the sale of the automobile. Our examiners determined that the documents were fraudulent because they were produced using a color laser printer/copier. The documents appeared artificially aged.

In Ten Lessons Learned From the Sandy Hook School Shootings, school security expert witness Ken Trump, MPA, President of National School Safety and Security Services writes:

Our team’s analysis of the Sandy Hook Final Report released by the Connecticut State’s Attorney continues with 10 key lessons learned for school security and emergency preparedness. While additional details may be revealed in forthcoming documents from the Connecticut State Police, 10 important lessons from Sandy Hook have emerged based upon the final report, information shared with us by individuals involved with the incident, and other published reports:

6. Assess physical security at each school due to unique designs and issues. The classrooms where children and staff died at Sandy Hook had connecting doors in the walls. Restrooms inside the classrooms helped as places for young children to lockdown. Each school district is unique and schools within each district are unique, requiring building-specific assessments and actions as appropriate to identify strengths and areas of concern.

Explosions expert witnesses may consult regarding explosives, flammable materials, combustion, and related matters. In the news, fireworks manufacturer Entertainment Fireworks has been fined following a fatal explosion in June 2014. The Washington State Department of Labor & Industries investigated the accident and concluded that safety violations and improper training contributed to the explosion which killed one worker and injured two more.

The Bureau of Alcohol, Tobacco, Firearms and Explosives website contains detailed safety precautions in the use and storage of explosives.

Explosives Safety and Security Federal explosives law and regulations provide requirements and standards for the secure storage of explosives materials. To maximize the effects of regulatory compliance, the following voluntary suggestions, developed in partnership with the International Makers of Explosives (IME) and the International Society of Explosives Engineers, may serve as a helpful guide for securing explosive materials.

In First Aid Teams, emergency preparedness expert witness Michael J. Ryan, principal at First Aid Depot, asks the question, “Does your organization need a First Aid Team?”

Training is only part of the First Aid Team question. Now that your associates have received the training they need the right tools. The right tools include all the equipment discussed in the First Aid and CPR/AED programs. These could include face-masks with one-way valves to eliminate direct mouth-to-mouth contact, triangular bandages for bandaging and splinting, and portable first aid kit(s) to be carried to the emergency stocked with the unique supplies for your work place emergencies.

Once your First Aid Teams are trained, in place, and equipped with the proper tools, they need to be managed. This can be accomplished in several ways. A self governing Safety Committee can oversee the First Aid Teams activities as well as scheduling coverage, checking supplies, and future retraining needs. The human resources department may take an active role in the First Aid Team; after all, it involves the employers’ associates caring for other associates. Human resources may be better able to deal with wellness issues. Depending on the size of your facility, the facilities manager may be best suited to manage the First Aid Team(s).