by

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on steps to consider to insulate your professional practice:

* Identify potential fiduciary risk exposure areas in your practice * Review E&O insurance for coverage or exclusions related to investment fiduciary activities

* Inform clients who act as trustees of fiduciary responsibilities and liability * Alert clients of potential liability before they accept a trustee or board position on a non-profit * Become familiar with federal and state laws concerning investment fiduciary standards of care:

Continue reading

by

In Assessing the Truth: How Forensic Psychiatrists and Psychologists Evaluate Litigants, Dr. Mark Levy, a Distinguished Life Fellow of the American Psychiatric Association and ADA expert witness writes:

The gold bullion standard of evidence based opinion for forensic psychiatric and psychological experts is the ballistics expert who can say with reasonable “ballistic certainty” that a particular shell was fired from a particular gun…or it wasn’t. Of course, arriving at such a definite conclusion is more difficult in the behavioral sciences. However, with careful assessment of all available evidence, doing so is not only possible – it is probable.

The evidence that a forensic psychiatrist sifts through consists of medical, psychiatric and psychological records from periods of time both prior to, during and after the period of time when the incident or circumstance that was alleged to have emotionally and/or neurocognitively damaged the plaintiff occurred. These records can be both difficult to obtain and extensive – but once obtained and reviewed they are usually highly revelatory. Sometimes it is also helpful to obtain childhood medical records, even when evaluating adult plaintiffs. These records may help answer the question of whether this particular plaintiff is a person, who as a result of earlier emotional trauma, was particularly fragile when the event in dispute purportedly caused him or her to be damaged; or in contrast, whether the plaintiff is a highly resilient individual? Alternatively, the plaintiff may have a chronic mental condition (like the neurological disorder, Multiple Sclerosis) with its own waxing and waning natural course that is relatively independent of external events. If so, it is likely that such a condition would have produced emotional symptoms following the disputed events, whether or not the incident was actually damaging or had even occurred?

Continue reading

by

In Pitfalls for Attorneys, Business Managers and CPAs auditing expert witness Chris McConnell writes on pitfalls for attorneys, business managers and CPAs:

* Providing investment advice to clients whether or not you receive compensation * Drawing the line between investment advice and legal, financial or tax advice

* Serving as trustee to accomodate a client who doesn’t want heirs to know or be involved

Continue reading

by

In Fire Investigation Reports: The Key to Writing a Quality Report fire expert witness and Principal of Pyrocop, Inc., Robert Rowe writes on the preparation of a fire report:

One of the most essential components of fire investigation is the writing of an accurate and comprehensive fire report. Although the writing styles of fire investigators may vary, as with any professional report, preparation is the essential first step.

The fire investigator must insure that all necessary information pertinent to the fire investigation has been collected and compiled before the report can be written. The material within the report must be arranged in a systematic order and that information not pertinent to the case is left out. Utilization of an outline will assist the fire investigator in ensuring that the report is in chronological order and easy to follow.

Continue reading

by

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Loan underwriting is performed by the mortgage banker’s underwriter who decides whether the loan will be consistent with governing loan program underwriting standards and, therefore, should or should not made by the mortgage banker. Also, the mortgage banker’s underwriter, where the PMI underwriting is delegated to the mortgage banker, decides whether the loan qualifies or does not qualify for PMI insurance. Based on at all the information gathered during the wholesale loan processing by the mortgage broker, the loan underwriter analyzes and considers these three areas of risks ─ collateral risk (loan-to-value), capacity risk (ability-to-repay/income) and character risk (credit, reputation).

Collateral risk is analyzed by reviewing the appraisal to ensure that all the criteria required by the appraisal standards are met. Second, the underwriter must address the liquidation value of the property if it should go into foreclosure. Third, the underwriter must address the marketability timeframe if the mortgage banker had to sell the property after foreclosure. After determining that the answers to these areas are satisfactory, the underwriter determines the appropriate loan-to-value (LTV) ratio for the collateral.

Continue reading

by

In General Issues For Attorneys In HVAC Cases, HVAC expert witness Russell M. Keeler writes on the important strengths to look for in an HVAC expert:

Years of HVAC design experience ( but not 5 years 5 times). Design experience should include varied project types, unless a specific project type is in question (i.e. Schools, hospitals, prisons, etc.) Even then, if the issue is generic, such as piping or water chillers, experience in the specific project type is not required.

Has the expert spent time performing troubleshooting work, or just new design? Troubleshooting exposes the expert to the “whys” of malfunctions, while those working only on new projects tend to repeat the same mistakes due to a lack of feedback.

Continue reading

by

In How Projects Go Awry, mold expert witness Russell Keeler writes on mold and moisture damage:

Over the years, we have observed many cases of humidity gone wild, with the attendant formation of mold or other moisture damage. Condensation can be the result of actions by the various players in the construction process.

The designer • A design that does not provide for humidity control.

Continue reading

by

In General Issues For Attorneys In HVAC Cases, HVAC expert witness Russell M. Keeler writes on guidelines that have emerged in his industry:

Over the past 50 years, heating and cooling design has progressed from a craftsman/apprentice trade to a pursuit solidly grounded in scientific principles. The authoritative body for this fund of knowledge is the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc. (ASHRAE).

ASHRAE funds extensive research into thermodynamics, heat transfer, the mechanics of building heat gain and loss and refrigeration. As processes become understood, the findings are published in the ASHRAE Handbook, a four volume compendium that is updated with new findings, one volume per year. ASHRAE also publishes standards for safety and testing of equipment. ASHRAE is the defining authority for heating, cooling and refrigeration.

Continue reading

by

Dave and Kathei Hendrickson have filed suit against Farmers Insurance Company of Oregon for denying them coverage when their four-level home cascaded down a hill into two other houses on Oct. 8. The Hendricksons allege in the $2 million complaint filed Dec. 10 in Multnomah County Circuit Court that Farmers has been “calculatingly malicious” in its refusal to pay for any damage resulting from the landslide.

According to homeowner’s insurance expert witnesses, “earth movement” is not typically covered by homeowner’s insurance and requires a rare extra policy. The Hendricksons claim in their suit that a Farmers Insurance agent told them when they bought a “Protector Plus Homeowners Package” that it would cover all eventualities, including earth movement.
For more see SWComConnection.

by

The Philadelphia firefighter’s union lost a bid to prevent closing seven fire companies targeted as part of Mayor Nutter’s response to the current budget crisis. Common Pleas Judge Gary DiVito yesterday ruled that Nutter could unilaterally make the cuts and said the union’s fire expert witness had not shown that eliminating five engine companies and two ladder companies would endanger firefighters or the public. DiVito also said that Local 22 of the International Association of Firefighters had failed to show that the cuts posed a threat to public safety. Philly.com also reports:

It was a much-needed victory for Nutter in his effort to close a five-year, $1 billion budget gap that he has warned is likely to grow. Nutter estimates that the fire closures would save $10.4 million annually… The firefighters requested an injunction earlier this month, arguing that Nutter was required to bargain with the union when it came to issues of firefighter safety.