Expert Witness Blog

Forestry expert witness Russell E. Carlson, RCA, BCMA, Tree Tech Consulting, writes on a residential boundary line tree dispute:

In general, boundary line trees are considered to be the property of both adjacent owners, and cannot be harmed without the consent of both. As to the tree on your mother’s property, the neighbor cannot cause direct harm by going on to her property.

The grey area is when the neighbor cuts roots. If he stays entirely on his property, he may have the right to do as he wishes. If he has a valid reason, such as building a pool or an addition to his house, and that causes injury, there may not be recourse. However, if his intent is to destroy the trees, and that can be documented and proven, the situation would probably be different. Again, this is very much dependent on the laws in your jurisdiction, and a lawyer is necessary to help sort it out.

After a 2007 criminal case in Maryland was dismissed for lack of an interpreter and widely covered in the news media, The National Association of Judiciary Interpreters & Translators and The American Translators Association issued a joint statement:

In our organizations’ view, this case is an unfortunate symbol of a systemic problem that affects our entire country, a problem for which we all share responsibility: the need for language professionals to be identified and readily available to serve our courts and justice partners.

We represent two national organizations, the National Association of Judiciary Interpreters and Translators (NAJIT) and the American Translators Association (ATA), that have made great efforts to network with community and government entities to make them aware of our extensive networks of language professionals. On occasion our advocacy efforts have been successful but our overtures have also sometimes been dismissed.

In Climate Change Risk Management Lawsuits, Kai Alderson, Fasken Martineau, and Stephen Higgs, of Perkins Coie, write that public companies face exposure to legal liability for investor losses blamed on failure to anticipate or disclose climate change risks.

Plaintiffs have brought lawsuits alleging that a company’s GHG emissions contributed to extreme weather events like Hurricane Katrina, which directly or indirectly resulted in property damage or bodily injury. Claimants rely on the common-law nuisance theory that the GHG emissions are a “public nuisance” causing property damage or injury. Companies whose operations emit large amounts of GHG, e.g., fossil-fuel-based energy companies, investor-owned utilities, power generators and large industrial facilities, may be particularly exposed to multiple large claims and may have to bear defense costs, including defense of potential class actions, even against claims that ultimately fail.

Some lower courts have dismissed such cases because plaintiffs lacked “standing” to sue or because their claims raised “political” questions unsuited to judicial resolution. However, the Second Circuit Court of Appeals reversed a lower court’s dismissal of one such suit in Connecticut v. American Electric Power, finding it appropriate for district court consideration. It is possible more of these cases will be brought, particularly as long as no comprehensive federal climate change legislation exists.

What Is an Insurance Expert Witness?

An insurance expert witness is someone with extensive experience in and knowledge of the insurance industry who is called to the witness stand to provide information about aspects of a case which involve insurance. Expert witnesses can be used to provide judge and jury with information which can be used to deepen understanding of the case and the underlying issues. Conventionally, when someone is called as an expert witness, the legal team which calls the witness provides compensation because the witness is providing professional expertise and assistance, rather than simply being asked to testify about the events surrounding the crime like a conventional witness.

When seeking an expert witness, lawyers look for people with reliability and experience, and if they can find an insurance expert witness with a proved track record in court, this is preferred. A good expert witness has years of experience in the industry, or is involved in the academic study of insurance and the insurance industry. Ideally, she or he has been published in multiple settings, and may have other credentials which can be used to establish credibility on the stand.

Insurance claims expert witness Tommy R. Michaels offers a glossary of Insurance and Risk Management Terms on his website. For example:

Abandonment A clause in property insurance policies prohibiting the insured from abandoning damaged property to the insurer for repair or disposal. Arranging for repair or disposal is the insured’s responsibility, unless the insurer elects otherwise.

Aabatement The act or process of diminishing the presence of a pollutant (e.g., asbestos or lead) in either degree or intensity.

Pest control expert witness Allan Snyder; ACGIH, AIHA, SPCI, of AFC Forensic Consulting writes on the treatment and control of termites:

PREVENTION • Building design may contribute to termite invasion.

• Keep all sub-structural wood at least 12 inches above the soil beneath the building.