Expert Witness Blog

In the landmark case of Fidelity National Title Insurance Company of New York v. Intercounty National Title Insurance Company, 412 F.3d 745 (7th Cir. 2005), the federal courts addressed complex issues of escrow fraud, title insurance liability, and the admissibility of expert testimony. This case involved the catastrophic disappearance of $46 million from escrow accounts insured by Fidelity National Title Insurance Company, following a sophisticated scheme orchestrated by the principals of Intercounty National Title Insurance Company (INTIC).

Background and Parties

Fidelity National Title Insurance Company, a major title insurer, brought suit against INTIC, its principals, and related entities after discovering that funds had been systematically looted from escrow accounts under its coverage. The fraud spanned several years and involved the transfer of millions from accounts reinsured by Fidelity to those reinsured by Stewart Title Guaranty Company (STG), another title insurer. Fidelity alleged that STG was unjustly enriched, as the stolen funds replenished accounts for which STG would otherwise have been liable, thereby reducing STG’s exposure and increasing Fidelity’s losses.

In the recent case of Firmus Centro, LLC v. ATX Self-Storage, LLC, Texas Court of Appeals 2024, the role of the Self Storage Facilities Expert Witness was pivotal in resolving a complex dispute over property access, safety, and compliance with industry standards in the self-storage sector.

Background and Parties

Firmus Centro, LLC (“Firmus”) brought suit against ATX Self-Storage, LLC (“ATX”) alleging repeated violations of an Easement Agreement governing ingress and egress to the self-storage facility. Firmus claimed that ATX’s construction of loading areas shorter than required and its failure to prevent vehicles from blocking the driveway created safety hazards and breached the agreement. The dispute centered on whether ATX’s facility design and operational practices met prevailing industry standards for self-storage properties and whether these practices constituted a material breach warranting injunctive relief.

In the landmark case of First Union Nat. Bank v. Paribas, 135 F. Supp. 2d 443 (S.D.N.Y. 2001), the Southern District of New York addressed a sophisticated international banking fraud involving multiple Middle Eastern and European financial institutions. The litigation centered on the issuance and confirmation of deferred payment letters of credit (LCs) and the subsequent discounting of these instruments by confirming banks in London, including the plaintiff, First Union National Bank.

Background and Parties

The dispute arose from a scheme orchestrated by Solo Industries Limited, a Middle Eastern corporation, which applied for deferred payment LCs from several banks in the Middle East. These LCs were issued in favor of Simetal Limited, a UK-based company, purportedly to finance Solo’s purchase of high-value non-ferrous metals and alloys. Banks in London, including First Union’s London branch, confirmed the LCs. Simetal presented the required documents to the confirming banks ahead of the maturity dates, and the banks, relying on the obligations of the issuing banks, discounted the letters and made substantial payments to Simetal.

In the federal case of Fling v. Hollywood Travel and Tours, 765 F. Supp. 1302 (N.D. Ohio 1990), the court addressed the scope of duty owed by travel agents and tour operators to their customers, with pivotal input from a Tourism & Travel Industry Expert Witness. The case arose from a violent attack on plaintiffs Doris and William Fling during a promotional trip to the Bahamas, arranged by the defendants, Hollywood Travel and Tours and Passkey International.

Background and Parties

The plaintiffs were solicited by a campground development company to attend a sales presentation, in exchange for which they received a vacation certificate redeemable through the defendants. The defendants arranged the plaintiffs’ airfare and hotel accommodations at the Emerald Star Hotel on Grand Bahama Island. On the night of the incident, the plaintiffs were attacked while walking back to their hotel from a nearby casino.

In the recent appellate decision of Harding v. Lifetime Financial, Inc., 2025, the California Court of Appeal addressed the scope of duty owed by registered investment advisors in the context of an imposter fraud scheme, with pivotal analysis of testimony from a Financial Planning Expert Witness.

Background and Parties

Mark Frank Harding, the plaintiff, was defrauded of over $300,000 by an individual impersonating Daniel Corey Payne, an investment advisor associated with Lifetime Financial, Inc. Prior to the theft, Lifetime Financial had received multiple inquiries suggesting someone was impersonating Payne but failed to post any public warning or notify regulatory authorities. Harding, who was not a client of Lifetime Financial, sued the firm and its principals for negligence, asserting they had a duty to warn the public and report the imposter to the Financial Industry Regulatory Authority (FINRA).

In the pivotal case of Hartford Acc. & Indem. v. Dikomey Mfg., Etc., D.C. Ct. App. 1979, the role of the Gems & Jewelry Appraisal Expert Witness was central to the resolution of a complex insurance dispute over the value of a lost diamond ring.

Background and Parties

The dispute arose when Mrs. Coplan, the insured, claimed the loss of a diamond ring and sought compensation from Hartford Accident & Indemnity, her insurer. The insurer contested the valuation of the ring, arguing that the evidence presented was insufficient to establish its true market value. The parties included Mrs. Coplan as the plaintiff and Hartford Accident & Indemnity as the defendant, with Dikomey Manufacturing also involved due to its role in the replacement process.

In the recent appellate decision of Hohman v. Kijakazi, No. 22-2831 (7th Cir. 2023), the United States Court of Appeals for the Seventh Circuit addressed the pivotal role of the Employment Expert Witness in Social Security disability proceedings. This case provides a clear illustration of how courts evaluate the reliability and admissibility of expert testimony in employment-related matters, particularly when the expert’s methodology is challenged.

Background and Parties

The plaintiff, Hohman, a 53-year-old former medical records clerk and patient access representative, applied for Social Security disability benefits, alleging that her fibromyalgia, PTSD, depression, and anxiety rendered her unable to work. The defendant, Kilolo Kijakazi, Acting Commissioner of Social Security, opposed the claim, contending that Hohman retained the capacity to perform other work available in the national economy.

In the recent case of HUNTSMAN INTERNATIONAL, L.L.C. VS. PRAXAIR, INC., Supreme Court of Louisiana 2025, the role of the Lost Profits Expert Witness was pivotal in determining the outcome of a high-stakes commercial dispute. This matter arose from a breach of contract between Huntsman International, LLC, a global chemical manufacturer, and Praxair, Inc., a supplier of industrial gases.

Background and Parties

Huntsman International, LLC operated a chemical plant in Geismar, Louisiana, relying on Praxair, Inc. to supply hydrogen and carbon monoxide under a contractual agreement. Huntsman alleged that Praxair failed to deliver the agreed quantities, resulting in production shortfalls and lost sales of methylene diphenyl diisocyanate (MDI) and aniline—key chemical products with significant market value. Huntsman sought damages for lost profits and additional costs incurred to secure replacement gas from other suppliers.

In the landmark New Jersey Supreme Court case of DeHanes v. Rothman, 1999, the role of the Health Care Economics Expert Witness was pivotal in determining the measure of economic damages in a wrongful death and survival action. This case provides authoritative guidance on the admissibility and scope of expert economic testimony in personal injury and wrongful death litigation.

Background and Parties

Mary Beth DeHanes, as plaintiff, brought a survival action and a wrongful death claim against Dr. Rothman and other defendants following the death of her husband, Joseph DeHanes. The litigation centered on the quantification of economic losses resulting from Joseph’s untimely death, including lost wages, fringe benefits, and the value of lost household services.

In the recent case of Dewitt v. Rent-A-Center, Inc., Supreme Court of New Mexico 2009, the role of the Workers Compensation Insurance Expert Witness was pivotal in resolving complex issues surrounding disability benefits and the admissibility of expert testimony under New Mexico’s Workers’ Compensation Act.

Background and Parties

The claimant, an employee of Rent-A-Center, Inc., sought disability benefits for a recurrence of back pain allegedly stemming from a workplace accident. The employer, Rent-A-Center, disputed the claim, arguing that the injury was either non-industrial or pre-existing. The case was heard before a Workers’ Compensation Judge (WCJ), whose decision was subsequently appealed to the New Mexico Supreme Court.