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In My Favorite Top 10 Strategies and Tactics Used by Expert Witnesses in Deposition and Trial Testimony, intellectual property expert witness Judd Robbins writes:

Expert Witness Tactic #1: Understanding the Daubert Supreme Court case and the implications on your performance as an expert will increase the likelihood that attorneys will hire you and that your eventual opinions and testimony will be legally acceptable.

Expert Witness Tactic #2: You can contribute to each case by providing your attorney with analyses of the facts, regardless of whether your findings seem helpful or not to the side that hired you.

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In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

The square footage figures provided by the insured and its broker in the application was lower than the figure in the inspection report that was ordered by the insurer after it issued the policy. In asserting materiality, the insurer disregarded another inspection report subsequently ordered by the insured, which confirmed the original figures in the application for the policy.

Based on the above points, it was not reasonable for the insurer to rely on the square footage information provided by the insured, and the insurer’s contention that it did rely on the square footage data provided by the insured was questionable.

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In Know Who You Want To Sue, medical malpractice expert witnesses at Medical Opinions Associates write:

The decision about what medical specialist to use in a medical malpractice case is up to the client. Nevertheless, we have all too often discussed cases with individuals and attorneys when they did not know what type of medical specialist they wanted to be involved. Sometimes we get the comment that any medical expert will do. In our view, the notion that any medical expert will do is wrong-headed and possibly even self-defeating.

Why?

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The color of the oil gushing from the main pipe in the Gulf of Mexico oil spill shows the underwater plume has changed in color from medium gray to black. Two scientists noticed the change, which oil company BP downplayed as a natural fluctuation that is not likely permanent.

However, engineering expert witness Robert Glenn Bea, Ph.D., P.E. at the University of California at Berkeley, says the color change may indicate the BP leak has hit a reservoir of more oil and less gas. Gas is less polluting because it evaporates. Bea has spent more than 55 years working and studying oil rigs.

For more, see seattlepi.com.

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Appearing before a congressional panel, Toyota Motor Sales USA president James Lentz said the automaker is “taking major steps to become a more responsive, safety-focused organization.” But lawmakers on a House Energy and Commerce subcommittee said the firm has gone to extraordinary efforts to rebut critics – while doing too little research on the nature of the problem.

The hearing centered on Toyota’s efforts to debunk claims that electronic-control systems in the cars may have been at fault. Toyota hired Exponent, a consulting firm, to research the issue. But Representative Waxman and other lawmakers said this effort focused on casting doubt on automotive engineering expert witnesses that plaintiffs may use in court.

Read more: csmonitor.com.

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Security expert witness Randy I. Atlas, Ph.D., AIA CPP, vice-president of Atlas Safety and Security Design, Inc. writes:

It has been estimated that as much as 40 percent of rapes and assaults take place in parking lots. Major errors in the design and operation of parking facilities arise from the mind-set that these are merely stables for vehicles and not places where human behavior occurs. Among the resulting problems from this shortsighted design approach can be an environment with numerous hiding spaces, as well as poor visibility created by high walls, structural columns, and multiple levels. Even worse, subsurface or underground parking facilities often include no outside visibility.

Parking areas can avoid these problems if they use the precepts of crime prevention through environmental design (CPTED). With CPTED, for example, criminals can be made to see parking areas as places where they will be observed and where suspicious behavior will be challenged, making it not worth the risk and effort.

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In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

Major weaknesses emerged in the insurer’s justifications for its decision to rescind the policy, including:

• The insurer previously issued policies for a previous owner, covering the same premises, and therefore it had prior knowledge of the underwriting information, including square footage, which differed from what the insured had provided.

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In Ten Mistakes Attorneys Make Regarding Their Expert Witnesses, medical expert witness Barry Gustin, MD, MPH, FAAEP, writes:

Mistake 2: Delay It is one of the most common mistakes attorneys make: Waiting too long to locate, or once located, engage an expert. Lawyers have a mistaken belief that they will be able to find an expert quickly. They fail to consider that finding the best expert can take time particularly in a complex case and when multiple experts are needed. Once found, experts must be engaged quickly to insure that they aren’t booked by opposing counsel. Sometimes, lawyers inherit the delay when they take over a case from someone else. However, most of the time, it is easy to avoid the 11th hour time crunch simply by starting early.

How early? Start your search as soon as you have received your initial screening review and you have decided to take the case. After this initial review you should be in a position to know what specialties are involved and what kinds of expert you need. Start your search early and you will find the right expert, and you will increase your chances that the ideal experts will be available to you.

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In Ten Mistakes Attorneys Make Regarding Their Expert Witnesses, trauma medicine expert witness Barry Gustin, MD, MPH, FAAEP, writes:

Optimal expert witness management often makes the difference between successfully managing your case or undermining it. Over the years I have identified ten common mistakes attorneys make when hiring and managing experts. Any one of these mistakes can have significant consequences ranging from spending too much for your experts to losing your case. Here’s the list of ten:

Mistake 1: Preliminary Case Screening

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In How Attorneys Should Choose Crate Experts, packaging expert witness Sterling Anthony, CPP, writes:

An attorney involved with crate litigation might readily recognize the need for a packaging expert, yet, not be sufficiently aware of the specific knowledge and capabilities that best qualify that expert. Crates are unique among packaging types, owing to factors related to materials, construction, loading, logistics, and unloading. Even when a crate is said to have been built in accordance with a national specification or an industry standard, the aforementioned factors combine for particularity. Besides, the majority of crates are designed by the shipper or by a supplier, with varying regard to a national specification or an industry standard, further contributing to the uniqueness of every crate.

As such, whether the crate litigation alleges personal injury or cargo lost, the right packaging expert is one who brings the expertise and experience necessary to: understand the attorney’s theory of the facts; educate and advise the attorney in the many intricacies; and, analyze, opine,

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