Expert Witness Blog

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual. Although applicable only to members of this association, the Policy Manual is also published for public awareness and use.

SERVICE OF PROCESS

1. For purposes of these Best Practices, “Primary service” of process refers to the service of initial or other process intended to acquire jurisdiction over a person or property. “Secondary service” of process refers to the service of subsequent papers exchanged between the parties following service of initial process. These Best Practices refer to both Primary and Secondary service of process.

Federal motor carrier safety regulations expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

Driver behavior is the most common cause of all vehicle crashes. ATA’s safety agenda includes 11 policies focused on improving driver performance. In addition to policies that restrict the use of non-integrated technologies while the vehicle is in motion, ATA recommends:

· Uniform commercial drivers license testing standards;

Trucking expert witnesses may opine on qualifications of truck drivers and federal motor vehicle safety standards. The American Trucking Associations website writes that Texting While Driving is Scientifically Dangerous

All driving distractions carry some risk, but text messaging while driving is the most dangerous because it involves all three basic types of distraction – visual, manual and cognitive, Robert Petrancosta, Vice President for Safety of Con-way Freight said in a June 30 USA Today editorial.

“As the National Safety Council has argued, the human brain cannot multitask,” Petrancosta said. “Sure the human brain can juggle tasks very rapidly, but it can only perform one task at a time. A person who is texting while driving is overloading his brain, requiring divided attention.”

Marketing defense expert witnesses may opine on competition and marketing strategy. The American Marketing Association Board of Directors defines marketing defense:

The strategic moves that attempt to minimize or deter threatening actions by existing or potential competitors. Strategic moves can deter all or some of the prospective challengers by making the profit prospects so unattractive and risky that market share gains are not worth pursuing. Deterrence strategies include the following: (1) signaling intentions to defend, (2) foreclosing avenues for attack by building barriers to entry or mobility, (3) increasing entry costs or investments, and (4) reducing market attractiveness by lowering prices. If challengers cannot be deterred, then the purpose of market defense is to contain challengers’ moves and minimize the damage.

Marketing research expert witnesses may opine on market studies and marketing research. The American Marketing Association Board of Directors offers the following definitions:

Marketing:

Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. (Approved October 2007)

The website of midwifery expert witness Susan Trezona, CNM, offers this information:

Cutting Fat May Prevent Ovarian Cancer

Ivanhoe Newswire

The website of gynecological care expert witness Susan Trezona, CNM, offers this information regarding Boning Up On Osteoporosis:

Among the health issues facing menopausal women is osteoporosis, or progressive thinning of the bones. More than 10 million Americans have osteoporosis. Half of the women over the age of 50 will have a bone fracture due to osteoporosis during their lives.

Those at greatest risk for osteoporosis are women who:

Translation expert witnesses may opine on document translation and medical interpreting. Here, the American Translators Association explains that translation is not a commodity and offers standards for buying a non-commodity.

Translation not a commodity. If it were, it would be enough to say: “You need a translation? Go out and ask several translation service providers how much they charge per word and choose the lowest figure.” End of story. But it’s not like that. For example, you’ll obviously need to specify which language you want your text translated into (e.g. French or German or Japanese). And just as color and price are not the only factors in buying a car, you’ll want to consider other criteria here, too.

For example: