CNV Contributes to the Genomic Diversity & Performance During Fermentation in Wine Yeast

Wine Yeast

Further scientific development of wine strains suggests that greater variation of these strains must be introduced in order to provide improved fermentation performance in wine making. Fortunately, recently published research demonstrates that genomic structural variants such as copy number variants provide substantial genetic diversity among wine yeast. More importantly, these findings suggest differences in yeast performance … Continued


Construction Litigation: Managing Risks and Investigations

construction litigation

Introduction: Whenever commercial construction takes place, the risk of an accident exists. With respect to accidents, investigations must occur, and “[d]evelopers, owners, tenants, general contractors, construction managers, subcontractors, and even insurance brokers and carriers each have a significant financial stake in the aftermath of a construction accident.” John Sparling, “Managing Risk in Construction Accidents: Why … Continued


ForensisGroup CEO Presented with Award from the Youth Business Alliance

Our commitment to helping improve people’s lives was once again recognized when ForensisGroup CEO & President Mercy Tolentino Steenwyk was presented with an award from the Youth Business Alliance (YBA). YBA is a non-profit organization working to help high school students living in underserved communities. Ms. Steenwyk was honored alongside several other chair members and partners … Continued


Railroad Accident Experts Used in Rail Transportation Cases

empty railroad train tracks

Rail transportation in the US has increased with the increase in shipments of crude oil. The Federal Railroad Administration inspects 161K miles of track and publishes alerts when there may be a violation of rail transportation regulations. Nonobservance of these regulations may cause accidents with tragic results. The Associated Press reports that federal inspectors discovered … Continued


Litigation Trends with the SEC and for Investors

Securities Litigation

Introduction: In the past year, several different issues have emerged as being noteworthy in the investment field, according to the Securities and Exchange Commission (SEC). The SEC “held its annual SEC Speaks conference in Washington, DC on February 24 and 25, 2017, and provided an update on recent litigation trends, the current enforcement initiatives in … Continued


Debt Collection Agency Shut Down Due to Illegal Practices

Bill Past Due

Debt collection agencies make it easier for businesses to manage their clients with delinquent accounts. The federal Fair Debt Collection Practices Act as well as individual states’ collection laws regulate the process. Even so, debt collection agencies may be charged with illegal practices. The Colorado Attorney General’s office investigated and shut down such an agency. … Continued


Sixth Circuit Affirms Exclusion of Human-Factors Expert in Products Liability Case

Product Liability Warning

A second-hand carbon fiber archery arrow made by Manufacturer broke and impaled the webbing of Plaintiff’s hand after he drew and released the arrow from his bow. He sued for strict and negligent product liability, breach of warranty, and a violation of Kentucky’s Consumer Protection Act. He contended Manufacturer provided an inadequate warning of the … Continued


Patent Evaluation Just Got More Advanced

Patent Analysis

Introduction: The world of intellectual property litigation and patent valuation can be a murky one—it is hard for the law to keep up with technology, and many issues arise when trying to determine damages and what profit formulas are appropriate. One law professor has just developed a new system for evaluating patents and their value, … Continued


Roofing Injury & Fatality Prevention: Skylights and Open Roof Holes

By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc. Abstract: Falls through skylights continue to plague roofing construction, as injury and wrongful death cases rise. Roofing contractors are required per OSHA regulations and the standards of care to protect workers. Skylights must be shielded with covers, screens, or protective barriers before commencing work. Unprotected … Continued


Patent Litigation Trends and Expert Witnesses

Patent Analysis

Introduction: In December of 2016, the United States Supreme Court agreed to hear a case that is “a challenge…to venue rules for patent cases [that] has the potential to upend patent litigation as we know it.” Ryan Davis, “Patent Litigation Trends to Watch In 2017,” Law 360, Jan. 2, 2017 at https://www.law360.com/articles/876203/patent-litigation-trends-to-watch-in-2017 (last visited Apr. … Continued


Internet Company Sued for Contract Fraud

Fraud, audit, auditor.

In 2016 a New York Attorney General’s office investigated internet service providers over failing to deliver the connectivity speeds they promised. Earlier this year, the office sued Charter Communications and its subsidiary Spectrum, formerly known as Time Warner Cable. Spectrum-Time Warner Cable has 2.5 million subscribers in New York and the AG’s office has received … Continued


A Novel Climate Litigation Theory and its Impact

Global Warming and Pollution Concept - Sustainability (Elements of this image furnished by NASA)

Introduction: Environmental litigation is fairly common in many cases. A particular phenomenon brought about by fossil fuels or greenhouse gases is alleged to have caused a certain type of injury and damages are sought. Many companies have been the targets of such lawsuits. Some states have even been defendants. What was unchartered territory, until recently, … Continued


Roofing Construction Flammability and Toxicity Hazards

Flammability Hazard

By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc.  Abstract: Roofing trade chemical products expose workers to significant safety and health hazards on the job. Single-ply roofing, a sub-specialty category, routinely uses highly-flammable and toxic materials (adhesives and solvents) during installation. Depending upon use, these products have the potential to expose workers to dangerous levels of … Continued


2017 Workplace Litigation Trends

Class Action Litigation

Introduction: Workplace litigation has changed and been molded by the U.S. Supreme Court during 2016 and 2017. In fact, “[t]he environment for employment litigation has more than ever been shaped by Supreme Court judges and settlements for wage and hour class actions rose in 2016 while those for other employment-related claims fell, according to a … Continued


Employment Discrimination Experts Used in Gender Bias Litigation

Employment Discrimination

An open and fair work environment is stipulated in Title VII of the Civil Rights Act of 1964. The Act protects individuals from gender discrimination. It states “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition … Continued


Workers’ Compensation Claims For NFL Players

American football game

Introduction: On both a statewide and national level, the National Football League (NFL) has been inundated with workers’ compensation claims by professional athletes who sustain serious injuries from play. See, e.g.,  Kiannah Sepeda-Miller, “Illinois bill would rein in pro athletes’ worker comp claims,” The State Journal Register, Feb, 20, 2017. In Illinois, for example, the … Continued


Unrecognized Confined Space Hazards

Confined space

By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc.  A breaking news story conveys tragic results of yet another confined space fatality incident. With increases in industrial and construction activity, entry into confined space has become a more frequent workplace task. Fatality statistics indicates that over 60 percent of rescues in confined space result in a … Continued


Class Action Lawsuit on Privacy Settled Against Social Networking Company

Privacy

A settlement has been reached in the class-action lawsuit brought against a social networking company regarding their customer’s private electronic information. The world’s largest social network was charged with scanning its users’ private messages for advertising purposes. Plaintiffs filed the class action complaint in the US District Court for the Northern District of California citing violations of … Continued


Cybersecurity and Legal Protection

Cyber security concept

Introduction: It’s something that is on nearly everyone’s minds these days, something that has affected everything from credit cards to political conventions: cyber attacks. Quite simply, people are rightfully concerned about how and when their own and government data will be hacked and misused, and the law must play some role in helping. Three bills … Continued


Trade Secret Expert For Lawsuit Between Two Major Developers in Self-Driving Technology

Trade Secrets

The Consumer Electronics Show in Las Vegas and the Detroit Auto Show unveiled the latest in driverless vehicles, also known as autonomous, automated or self-driving cars. Automakers and technology companies have spent millions of dollars in the development and testing of this transportation innovation. In consequence, the technology behind driverless vehicles is competitive and highly … Continued


Chemical Fires and Explosions Expert For Reboiler Rupture

Chemical Fires and Explosions

Chemical fires and explosions experts analyze data to determine the source of accidents and report these findings to the court. They are trained to consult in litigation following an explosion and opine on the cause of the accident. A Louisiana jury assigned responsibility for a 2013 chemical plant explosion that killed two and injured 167 … Continued


Medicare Fraud: Fraudulent Orthopedic Surgeries

Orthopedic Surgery Expert

Patients with bone, joint or ligament injuries and diseases rely on orthopedic surgeons for medical care. These professionals repair and replace bones, joints, and nerves to improve the musculoskeletal system. When allegations of medical negligence are filed against these doctors, the orthopedic surgery expert witness is called in to consult and opine on whether the … Continued


News Network Sued for $750M in Defamation Case

Defamation Expert Witness

Defamation experts analyze allegations of slander (spoken statements) and libel (written statements) to determine if defamation of character or reputation has occurred. To win a defamation case, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to … Continued


New York Appellate Court Explains Medical Expert Opinion in Workers Comp Case

Workers comp medical expert

In November 2012, the claimant, an investigator with the City District Attorney’s Office, suffered an ischemic stroke at his residence. He filed a claim for workers’ compensation benefits. After a hearing, a workers’ compensation law judge found that his stroke was causally related to his employment and awarded benefits. However, upon review, the Worker’s Compensation … Continued


Construction Defect Claims in New Homes Increasing

Construction Defect Expert

Construction defect claims in brand new homes have been on the increase. In the news, ABC stations nationwide broadcast the article Investigation: New Home Heartbreak last fall. The investigation found “poor workmanship and failure to honor a warranty topping the list of common gripes against builders.” DR Horton, the largest homebuilder in the US, was … Continued


Admissibility of Hurricane Experts Considered in Louisiana Federal Court

Hurricane season with symbol sign against a stormy background and copy space. Dirty and angled sign adds to the drama.

Plaintiffs in an action for damage to an oil company’s flowlines and pipelines from a hurricane sought to prevent the introduction of testimony from three experts with respect to hurricanes or storms beyond the parameters discussed at a pre-trial conference. Plaintiffs sought to exclude “any testimony concerning hurricanes/storms by any witness, including, but not limited … Continued


Penalties for Airbags Defect and Fraud

airbags deployed

One of the world’s largest suppliers of automotive safety-related equipment, agreed to plead guilty to fraud and pay a total of $1 billion in criminal penalties stemming from the company’s fraudulent conduct in relation to sales of defective airbag inflators. An indictment was also unsealed charging three Takata executives with fraud and conspiracy in relation … Continued


The Role of Experts in Defining “Waters of the United States”

Introduction: In 2015, the Environmental Protection Agency (EPA) released its final statement that defined the term “waters of the United States” (WOTUS). See, e.g., Environmental Protection Agency, “Clean Water Rule Litigation Statement,” Oct. 123, 2016, at https://www.epa.gov/cleanwaterrule/clean-water-rule-litigation-statement (last visited Jan. 18, 2017). This definition was intended to pertain to the Clean Water Act (CWA), and … Continued


Judge Explains Scope of Attorney-Client Privilege for Non-Reporting Expert Witnesses in Patent Case

Businessman pressing an Expert concept button.

U.S. District Judge Susan Richard Nelson in Minnesota recently determined the extent to which the attorney-client privilege protected a law firm’s preparations with an employee/expert under Rule 26(a)(2)(B). At the heart of this dispute was Plaintiff’s decision to designate a non-reporting, testifying expert witness pursuant to Rule 26(a)(2)(C). The individual was a named inventor on … Continued


Drones & Privacy Litigation: The Battle Has Begun

Drone quad copter with camera spying on the house and yard.

Since the Federal Aviation Administration (FAA) recently loosened regulations for the commercial use of drones, a host of legal questions have arisen. See C. Ryan Barber, “The New Drone Regulations: Three Things Companies Need to Know,” Law.com, Aug. 29, 2016.  Almost as soon as the FAA’s ruling was issued, an organization supporting electronic privacy filed … Continued


Pharmacologist Expert Testimony Ruled Admissible in Drug Label Warning Litigation

Pharmacology Drug Lable

A child, Z.H., was born in 2003 in Ohio with several severe birth defects allegedly caused by his mother’s use of Anti-epileptic drugs (“AEDs”). The anti-epileptic drug in question was formulated, tested, manufactured, and marketed by Defendant drug company during her pregnancy. As part of that case, the U.S. District Court for the Northern District … Continued


Federal Regulation Dispute May Require Employment Experts

Line of diverse candidates for a job with a check boxes above their heads as a metaphor for a discrimination during an employment interview, EPS 8 vector illustration

Federal and state statues are in place to regulate workplace policies and provide employee protection. These laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. Businesses contracting … Continued


Product Liability Experts Consult on Tip-Over Accidents

Crashing shelf in the office

What areas may product liability experts consult on? These professionals investigate and report on product failures including design defects and mechanical failures. Unfortunately, design flaws may result in serious injury or death. In the headlines, Ikea will pay $50M to the families of three toddlers who died after their dressers tipped over. The families brought … Continued


Antitrust Experts and Big Pharma Price Fixing

Antitrust Experts

The Justice Department has charged two former New Jersey pharmaceutical company executives with price fixing on generic drugs. Prosecutors named Jeffrey Glazer, former CEO of Heritage Pharmaceuticals, and Jason Malek, a former VP, as defendants in an antitrust lawsuit filed in the United States District Court, Eastern District of Pennsylvania. In United States v. Jeffrey … Continued


Fracking Expert Witnesses Will Stay Busy in 2017

Fracking Expert Witnesses

The environmental impacts of fracking have been an issue and legal controversy for years. However, two new developments indicate that fracking litigation is not only likely to increase, but these developments call into question how such cases will be resolved. Specifically, the Environmental Protection Agency (EPA) has issued a statement that fracking contaminates drinking water. … Continued


Nuclear Engineering Expert Opines on Contaminated Site

Nuclear Engineering Expert

A nuclear engineering expert testified in the Department of Justice case that resulted in the recent $125M settlement against contractors Bechtel National and AECO. In 2013, whistleblowers who were managers at the Hanford nuclear reservation in Washington State brought allegations of nuclear quality violations and misuse of taxpayers’ money. Since 2002, the Department of Energy … Continued


Fatal Warehouse Blaze Will Need Building Fires Expert Analysis

Building Fires Expert

Building fires expert witnesses are knowledgeable in the area of fire cause and origin and are qualified to provide critical analysis of evidence to determine what led to a fire. They examine fire patterns, witness statements, aerial photography, and the amount of damage to determine the ignition source. In the news, a deadly fire claimed … Continued


Pollution Experts Identify Illegal Dumping by Cruise Line

Cruise voyage

Pollution experts monitor industries that risk producing and releasing pollution into groundwater, fresh water, and oceans. Pollutants can have devastating health and environmental consequences resulting in litigation. In a recent case, Princess Cruise Lines will pay a $40M fine for “deliberate pollution of the seas and intentional acts to cover it up.” An engineer on … Continued


Expert Witness Fees in Civil Cases

Expert Witness Fees

In civil litigation, many lay people are unaware of the fees that the average expert witness charges to work on a specific case. Moreover, prevailing litigants often wonder whether they can recover such fees from their opponents. This article examines the range of expert witness fees for civil litigation and addresses the issue of whether … Continued


Deceptive Advertising Experts Review Major Fast Food Menu

Deceptive Advertising Expert

Recently, a group of individuals filed a class action lawsuit against a large fast food chain, alleging that they were injured by a pattern of deceptive advertising. See, e.g., Tribune Media Wire & Chris Wolfe, “Los Angeles-Area Customers Sue Chipotle Over ‘300-Calorie’ Chorizo Burrito,” KTLA.com, Nov. 22, 2016. According to the plaintiffs, the food retailer … Continued


Geotechnical Engineering Expert Opines on Leaning Tower in San Francisco

Geotechnical Engineering Expert

What areas may construction experts consult on? These experts are called upon to review many areas of construction litigation including construction defects, construction damages, structural analysis, and more. Homeowners in the San Francisco luxury Millennium Tower have filed a $500M class action lawsuit against the developer over the building’s excessive settlement and tilting. The homeowners’ association … Continued


Occupational and Environmental Medicine Experts Needed in Asbestos Case

Occupational and Environmental Medicine Experts

Occupational and environmental medicine experts will testify in a new asbestos trial involving R.J. Reynolds. The plaintiff in the original lower court case, Richard DeLisle, suffers with asbestos mesothelioma and argued that his condition is a result of working at Brightwater Paper Co. with gaskets manufactured by Crane Co. and smoking R.J. Reynolds Kent cigarettes … Continued


Aviation Fire Experts Investigate Boeing 767 Engine Failure

Aviation Fire Experts

The National Transportation Safety Board (NTSB) is investigating the October 28, 2016, Boeing 767 engine failure at Chicago’s O’ Hare airport. Flight 383 was taking off when a fuel leak resulted in a fire under the right wing. Investigators are analyzing a high pressure turbine disk from the General Electric CF6-80 engine which broke into … Continued


Human Microbiome Research & Expert Witnesses

Human Microbiome Research

In 2007, the National Institute of Health (NIH) started the Human Microbiome Project in order “to utilize technological advances to characterize the microbial communities that inhabit the human body and explore the relationships between the microbiota and their human hosts, including the effect that they may have on human health and disease, development, physiology, immunity, … Continued


Expert Witness Discovery is Reopened as Law Firm Joins Main Action

Expert Witness Discovery

Purchasers of condo hotel units brought a putative class action in state court against the developers and agents of the project, asserting violation of California’s Unfair Competition Law (UCL), based on failure to disclose and intentionally concealing purchasers’ right under Interstate Land Sales Full Disclosure Act (ILSA) to rescind their purchase agreements. After removal, developers … Continued


Self-Driving Car Experts Respond to First Fatal Accident

Self-Driving Car Expert

Tesla’s Autopilot system is making headlines in the U.S. and overseas regarding the terms “self driving” and “autopilot.” Tesla is an American automaker and energy storage company based in Palo Alto. Regulators fear that consumers may misconstrue the “autonomous” description of Tesla cars and expect the vehicle to drive itself entirely.  An Ohio driver may have been watching a … Continued


Automotive Recall Experts Identify Defect

Automotive Recall Experts

What areas may automotive recall experts consult on?  These professionals are experienced in auto industry specific issues involving airbags, seat belts, brakes, fuel systems, and cruise control, as well as other mechanical features. In the news, Nissan North America issued a recall on September 12th for over 130,000 Maxima, Murano and Murano Hybrids equipped with … Continued


The Role of Expert Witnesses in Class Certification

Class Certification

In cases that involve large numbers of plaintiffs and similar allegations, many attorneys attempt to certify multiple plaintiffs as a group or “class,” and in so doing, the litigation is consolidated and handled in a more uniform manner than if each case were tried individually. Expert witnesses play a vital role in helping a court … Continued


Tort Expert Witnesses Face Off

Tort Expert

In 2015, the plaintiffs in product liability litigation against the manufacturer of Accutane were dealt a stunning blow when the presiding judge rejected much of their tort expert witness testimony on causation issues. See, e.g., Sindhu Sundar (1),[1]  “Accutane Ruling Blocking Expert Testimony Kills 2K Suits,” Law360, May 11, 2015. Concluding that the plaintiffs’ experts … Continued


Importance of Expert Disclosure: Bankruptcy Court Strikes Undisclosed CPA Expert Testimony

CPA Expert

United States Bankruptcy Judge Sarah A. Hall of the Western District of Oklahoma recently ruled on a Bankruptcy Trustee’s Motion to Strike the affidavit of a company’s CPA expert. The Scheduling Order timeline included a deadline to complete all disclosures required by Local Rule 7016-1(B) (requiring exchange of all known exhibits and all then known … Continued


Nursing Expert Witness Confirms Negligence in Wrongful Death Case

Nursing Expert

A nursing expert witness testified in the wrongful death lawsuit filed against the Good Shepherd Health Center in Mason City, Iowa. The children of Maria O’Brien claim the nursing home was negligent in caring for their mother and are seeking $10M in damages. The nursing expert reviewed the care provider’s home records and testified that … Continued


Train Derailment Experts Assess Crash in New Jersey

Train Derailment Experts

Train derailment experts evaluate an incident to determine the cause and whether it is related to human factors, a mechanical defect, or an outside source. The cause of derailment may be related to human error or the structural engineering of the train and/or track. The National Transportation Safety Board is investigating the Hoboken, NJ, commuter … Continued


Computer Forensics Experts Investigate Hacked Dropbox Account

Computer Forensics Experts

Computer forensics experts are trained to investigate computer security and fraud. IT fraud litigation requires these experts to perform a computer forensic examination for content in emails, documents and files. Their investigations may reveal when a document was created, edited, and saved and by whom. In the news, California Representative Mike Honda has sued his campaign … Continued


Banking Fraud Expert Witnesses Blow Lid Off Wells Fargo Fraud Case

Banking Expert

What areas may banking fraud expert witnesses consult on? These professionals evaluate and opine on commercial banking practices, internal bank policies, credit cards, and more. Their expertise and testimony can be a deciding factor in lawsuits alleging illegal banking practices. The Consumer Financial Protection Bureau has fined Wells Fargo $100M for illegal banking methods. The bank … Continued


Pokémon No? Augmented Reality and Litigation

Augmented Reality

When Pokémon Go, a Nintendo-based augmented reality (AR) gaming application was released, it took both the nation and the world by storm, “with estimated downloads of the digital game topping more than 75 million since the program became available on July 6. Apple has confirmed that it was the most downloaded app ever in its … Continued


Product Liability: Expert Witness Opines on Defective Hunting Rifle

Product Liability Expert

A product liability expert witness testified in the lawsuit Carol O’Neal filed against Remington Arms Co. regarding the death of her husband in a hunting accident.  The complaint argues that a faulty trigger mechanism on her husband’s Remington Model M700 rifle misfired, resulting in his death. The product’s liability lawsuit also states that Remington knew … Continued


Occupational Safety Expert Examines Construction Site Fire

Occupational Safety Expert

The occupational safety expert is trained to evaluate workplaces with various hazards. These experts are knowledgeable about hazardous materials, construction safety, accident prevention, OSHA requirements, and more. The 2,600-foot-long Liberty Bridge in Pittsburg was undergoing an $80M reconstruction project when a fire broke out that risked collapsing the downtown structure. OSHA experts examined the site … Continued


Food Safety Case: Defendant’s Rheumatology Expert’s Stricken Testimony May Have Influenced Jury, Case is Affirmed

Rheumatology Expert

A popcorn aficionado who was diagnosed with lung disease—which he claimed was caused by his eating numerous bags of microwave popcorn on a daily basis for several years—brought suit for breach of implied warranty against manufacturers. The popcorn’s butter flavoring contained diacetyl, which Plaintiff said caused his lung disease bronchiolitis obliterans. Defendant manufacturer presented evidence … Continued


Trade Dress Expert Measures Brand Dilution

Trade Dress Expert

Trade dress litigation may involve disputes over packaging, marketing, product design, and more. Trade dress expert witnesses are knowledgeable in trademark infringement, licensing, brand dilution, and related matters. In Trader Joe’s Company v. Michael Norman Hallatt, dba Pirate Joe’s, the 9th U.S. Circuit Court of Appeals ruled in favor of Trader Joe’s regarding a risk … Continued


Automotive Engineering Experts Cautious of Automatic Emergency Braking (AEB) Systems

Automotive Engineering Experts

Automotive engineering experts are often required in litigation involving traffic accidents. In accident reconstructions, these experienced engineers consult and testify on how vehicles operate and whether there was a mechanical failure. Their unbiased opinion is often a determining factor in the outcome of an automotive engineering lawsuit. In an effort to help prevent crashes or … Continued


Allegedly Mismanaged 401(K)s Call for Investment Expert Witnesses

Investment Expert Witnesses

Investment expert witnesses are licensed and/or certified accountants, financial analysts, investment analysts, as well as other related financial professions. They are experienced with stocks, securities, and other investment options. In the news, Robert Patterson, a participant in Morgan Stanley’s retirement plan, has filed a lawsuit accusing the company of mismanaging the company’s 401(k) retirement plan. … Continued


Advertising Expert to Review Online Travel Brands’ Promotions

Advertising Expert

An independent hotel operator has filed a class action lawsuit in U.S. District Court, Northern California, against Expedia, Inc., Hotels.com, L.P., Hotels.com GP, LLC, Orbitz, LLC and Trivago, GmbH. The operator of the Buckeye Tree Lodge and Sequoia Village Inn in Three Rivers, CA, is suing the online travel companies for false advertising and unfair competition. A … Continued


Employment Expert Helps Settle FedEx Dispute

Employment Expert

When labor disputes evolve into litigation, an employment expert is called upon to consult and testify on employee benefits, compensation plans, employment contracts, labor management, and related matters. Employers often have a unique set of standards pertaining to their human resource practices. The employment expert witness is experienced in evaluating differing policies regarding hiring, employee benefits, … Continued


Sports Medicine Expert Witnesses and Head Injuries

Sports Medicine Expert

Sports medicine expert witnesses are experienced in sports medicine treatments and protocols. They are trained to consult and offer testimony regarding brain trauma and the symptoms of chronic traumatic encephalopathy (CTE), a progressive degenerative disease of the brain. Symptoms of CTE include memory loss, confusion, impaired judgment, paranoia, impulse control problems, depression, and eventually progressive dementia. … Continued


Using a Treating Physician as a Neurology Expert Witness: Beware of the Court’s Scheduling Order

Neurology Expert Witness

A cruise ship passenger brought personal injury action against the cruise ship operator arising from alleged fall against television cabinet while aboard caused by another passenger. The ship operator brought Daubert motion and moved to preclude the passenger from eliciting opinions from her neurologist. Plaintiff’s neurology expert witness gave an opinion regarding her injuries. The … Continued


Environmental Expert Will Assess Flint Water Crisis

Environmental Expert

Environmental expert witnesses may consult on environmental science, water and waste treatment, toxicology, and environmental assessment. Flint, MI, is front and center in the national news with a state of emergency due to lead in the city’s tap water. Six state employees have been criminally charged in connection with the Flint water crisis. The defendants … Continued


Engineering Expert to Assess Fraudulent Damage Reports

Engineering Expert

New York Attorney General Eric Schneiderman has charged HiRise Engineering P.C. and Matthew Pappalardo with fraud in doctoring engineering expert reports on properties damaged in Hurricane Sandy. Pappalardo allegedly had HiRise employees alter reports on properties covered under the National Flood Insurance Program to profit himself and the company. HiRise is charged with 25 counts … Continued


Negligence Expert Defends Retailer After Battery Accident

Negligence Expert

The former head of the U.S. Consumer Product Safety Commission is serving as a negligence expert witness on behalf of the defense in a lawsuit against Dollar Tree Stores, Inc. The parents of Lincoln Punch brought suit after their six day old son swallowed button batteries and suffered kidney, cardiac and gastrointestinal damage. The batteries … Continued


Competency Expert to Examine Driver in Fatal Crash

Competency Expert

Competency expert witnesses will examine the woman charged in the fatal 2015 Oklahoma State University homecoming crash. Adacia Chambers was arrested after driving through a police barricade during a homecoming parade. She then ran into four spectators who were killed. Victims included Marvin and Bonnie Stone, both 65, Nikita Nakal, 23, and 2-year-old Nash Lucas. … Continued


Healthcare Fraud Experts Examine Nation’s Largest Sweep to Date

Healthcare Fraud

The U.S. Departments of Justice and Health and Human Services have charged 301 defendants for $900M in fraudulent Medicaid and Medicare billings. Defendants include sixty-one licensed medical professionals in the nation’s largest healthcare fraud sweep to date. The charges include numerous healthcare fraud related crimes, including conspiracy to commit healthcare fraud, violations of the anti-kickback … Continued


Statistics Experts and Police Shooting Incidents

Statistics Experts

Statistics experts at the National Bureau of Economic Research released a working paper on July 11, 2016, entitled An Empirical Analysis of Racial Differences in Police Use of Force (NBER Working Paper No. 22399). Authored by Roland G. Fryer Jr., Professor of Economics at Harvard University, data on over 1,332 shootings between 2000 and 2015 in … Continued


Automotive Engineering Experts Confirm Faulty Airbags

Automotive Engineering Experts

Autoliv is cooperating with Toyota in the recall of 1.43M Prius and Lexus models equipped with airbags made by the Swedish-American manufacturer.  While no injuries have been reported to date, seven of the bags partially inflated in parked cars without a deployment signal having been sent. Metal pieces were sent into the car’s interior. Based … Continued


Healthcare Fraud Expert to Help Identify Legality of Medical Claims

Healthcare Fraud Expert

Lawsuits regarding healthcare fraud are rife in the news. Healthcare fraud expert witnesses are a central part of the litigation team in these cases. In the largest case of US home healthcare fraud involving one doctor, former Rockwall, TX, doctor Jacques Roy billed $375M in fraudulent claims. He encouraged patients to submit fake medical claims … Continued


Chemicals Expert Opinions Help Shape New Toxic Substances Regulation

Chemicals Expert

Exposure to toxic chemicals has resulted in substantial medical and economic harm. Only the most highly qualified chemicals expert witness is experienced in evaluating the evidence presented in asbestos and other such litigations. President Obama has signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The legislation is the first major overhaul … Continued


Medical Fraud Expert Witnesses Are Busy in 2016

Medical Fraud Expert

Despite the fact that nearly six months remain, 2016 has already proven itself to be a record year with respect to the number of health insurance fraud claims filed. In 2015, the federal Department of Justice (DOJ) charged some 243 defendants with insurance fraud, claiming it had lost $712 million from those crimes. See Joshua … Continued


Medical Devices Expert Examines Surgical Products Following Complications

Medical Devices Expert

Medical devices expert witnesses testified in multi-district litigation over pelvic mesh products made by Ethicon. Transvaginal mesh is used to treat pelvic organ prolapse and stress urinary incontinence in women. Some of these products were a contributing factor in patients developing infection, erosion of the vaginal tissues and organ perforation. American Medical Systems is also … Continued


Financial Services Expert Witnesses Investigate Merrill Lynch for Fraud

Financial Services Expert

Financial services expert witnesses may evaluate financial investments and securities transactions to determine whether financial fraud has taken place. In financial news, the SEC announced that Merrill Lynch will pay a $10 Million penalty for misleading investors in structured notes.  Marketwatch.com reports that the Merrill Lynch Strategic Return Note “fell as much as 95% in … Continued


When Do You Need an Expert Witness?

Expert Witness

An authoritative and knowledgeable expert witness can provide the  expertise to help you make a case. There are several scenarios that require an expert. One scenario is when an expert is required by law.  Expert witnesses might be required by law within certain jurisdictions. In specific types of cases, such as those involving negligence or … Continued


When Safety Expert Witness “Disclosure” is Not “Good Enough” for Federal Judge

Accident and Safety Expert

Louisiana District Court Judge Richard L. Bourgeois, Jr. was asked to hear Defendant’s Motion to Exclude Expert Testimony in a premise liability case of the plaintiff’s safety expert witness. The judge entered a scheduling order setting the deadlines for experts, discovery, and for the filing of dispositive motions. However, the parties sought a three-month extension … Continued


Environmental Expert Witness Gauges San Bruno Pipeline Explosion

Environmental Expert Witness

An environmental expert witness has been asked to turn over her records in the San Bruno pipeline explosion. Pacific Gas and Electric told U.S. District Judge Thelton Henderson they need the past six years of documents from consultants who gathered evidence in the case against the utility company. The 2010 explosion killed eight people, injured … Continued


Initial Expert Report Cannot Be Used As Rebuttal Report in Sexual Harassment Case

Sexual Harassment Expert

United States Magistrate Judge John V. Acosta recently heard a motion in a sexual harassment action by Defendants to strike the report of Plaintiffs’ rebuttal expert. Defendant argued that the report was an initial sexual harassment expert report that supported Plaintiffs’ case-in-chief. Plaintiffs asserted that the report was a proper rebuttal report that responds to … Continued


Concrete Expert Witness Says Building Material Is Substandard

Concrete Expert Witness

Connecticut Attorney General George Jepsen has hired a concrete expert witness in the investigation of failing concrete residential foundations in the state. Over 200 complaints have been filed with the Connecticut Department of Consumer Protection over substandard materials used by J.J. Mottes Company and Becker Construction. The concrete companies have agreed to stop selling concrete … Continued


Discrimination Expert Reviews University of Tennesee’s Student Athletics Program

Discrimination Expert

U.S. District Judge Aleta Trauger has set deadlines in the far-reaching gender discrimination lawsuit against the University of Tennessee. At this time, eight unnamed young women have accused UT of favoring male athletes and therefore failing to follow federal antidiscrimination statutes. While accusations of favoritism for male athletes on college campuses are nothing new, these … Continued


Crime Prevention Expert Witness Testimony Partially Admitted in School Shooting Case

Crime Prevention Expert

This case arises out of the shooting of a student on campus by an unidentified shooter at a private college. Defendants moved for summary judgment under Rule 56 against Plaintiff, as well as a motion to strike the testimony of a crime prevention expert witness. Plaintiff brought action against the college and related individuals, alleging negligence … Continued


Refrigeration Expert Opinion on Thin Ice in Seventh Circuit

Refrigerator Expert

Plaintiff was a refrigeration contractor that installed refrigeration systems. Defendants contracted with Plaintiff to supply a refrigeration control system. However, the refrigeration control system delivered to Plaintiff didn’t work properly, and Plaintiff brought suit for breach of contract. Defendants recruited a refrigeration expert witness to testify on their behalf. At trial, Plaintiff relied on circumstantial … Continued


Computer Programming Expert in Google’s Copyright Infringement Case

Computers Expert

Computers programming experts are knowledgeable in information technology and software development and design. They are called upon to testify before a jury on technical matters such as programming language.  A professor of computer science at Duke University testified as a computers expert witness for Google Inc. in the recent copyright case brought by Oracle Corp. Google prevailed … Continued


Court of Appeals says Appellant’s Documents must be Sufficient to Challenge Defendant’s Accident and Safety Expert

Expert Admissibility

Plaintiff sued Defendant for negligence after they were involved in a car accident in Colorado. A jury found that the Defendant was not negligent, and the district court entered judgment in his favor. On appeal to the U.S. Court Of Appeals for the Tenth Circuit, Circuit Judge Carlos F. Lucero wrote in his opinion that … Continued


Product Liability Expert Considers Defective BMW Engine

Product Liability Expert

A product liability expert witness testified for plaintiffs in a case against BMW of North America and BMW Motorrad USA. The plaintiffs argue that their 2004 BMW motorcycle had design flaws and that the company did not furnish adequate warnings about the risk of fire. They are seeking $400K in damages as well as legal … Continued


Expert Deposition: A Preparation Guideline

Expert Deposition

In today’s world, it should be no surprise that many cases are won or lost on the basis of expert witness testimony. See, e.g., Matthew D. Taggart, “How to Prepare for and Manage the Depositions of Expert Witnesses,” Los Angeles Lawyer, Jul.-Aug. 2012. One of the biggest challenges for litigators may be how to best … Continued


Copyright Experts to Weigh in on Zeppelin Dispute

Copyright Experts

Copyright Experts will testify in the Central District of California infringement case over the Led Zeppelin recording Stairway to Heaven. The family of Randy Craig Wolfe alleges the rock band writers took part of the instrumental recording Taurus and used it in Stairway. Released in 1971 by Zeppelin, the song has produced millions of dollars of … Continued


Motion in Limine to Exclude Business Valuation Expert Witness Denied in Contract Dispute Case

Motion in Limine

The U.S. District Court for the Eastern District of Louisiana heard arguments on a Motion in Limine filed by Plaintiff Franchise Services and an opposition filed by Defendant Café, which owns a restaurant concept and authorizes locations with franchise agreements. Plaintiff and Defendant entered into the “Area Development Agreement” (“ADA”) in 2007, pursuant to which … Continued


Wrongful Termination Claimed by Whistleblower

Wrongful Termination

When an employee acts as a whistleblower and is fired shortly thereafter, the former employee can make a wrongful termination claim against his or her employer. Former tourism director did just that when she sued the Tahlequah Area (Oklahoma) Chamber of Commerce and the former Executive Director.  Plaintiff alleges she was fired for revealing that … Continued


The Value of a Financial Expert Witness

Financial Expert Witness

What areas may a financial expert witness consult on?  Financial experts may provide insight and testify in cases involving investments, financial valuation, securities, trading, and fraud examination.  Goldman Sachs Group Inc. is in the news after agreeing to pay over $5B in connection with its sale of residential mortgage backed securities.  Justice Department Acting Associate … Continued


Court’s Deadline for Expert Witness Disclosure Trumps Rule 26

Expert Witness Disclosure

In a Wisconsin lawsuit, Plaintiffs sued their former attorneys and accountants for professional malpractice, but they filed their expert witness disclosure after the discovery deadline. Plaintiffs moved for an expert witness disclosure deadline extension, but the district court denied the motion and disallowed the expert. Absent of a legal malpractice expert witness, Plaintiffs couldn’t prove their … Continued


Automotive Engineering Experts in Automotive Recalls

Automotive Engineering Expert Witnesses Blog ForensisGroup

Automotive engineering expert witnesses are knowledgeable regarding the overall design and proper functionality of automotive vehicles. They have expertise in automotive electrical systems which may fail due to faulty design or manufacturing issues. In the news, Daimler Trucks North America is recalling almost 9,000 2015-2016 Freightliner Cascadia trucks due to possible overheated electrical connections which … Continued


Mental Health Expert’s Letter is Admissible Despite Wrong Dates on the Document

Mental Health Expert ForensisGroup Blog

A female school custodian employed by a community school brought claims for violation of the Americans with Disabilities Act (ADA) and retaliatory harassment and discrimination, as well as other state-law claims, alleging that she was sexually assaulted by a co-worker. The Defendant filed a motion for summary judgment, to forgo a full trial, and motion … Continued


Expert Opinion is Admissible in Employment Discrimination Case

economics-expert-testimony-admissible

The case before U.S. Magistrate Judge Cam Ferenbach in the District of Nevada involved the Equal Employment Opportunity Commission’s (EEOC) age discrimination action against the defendant employer. In support of its motion for summary judgment, Defendant cited to the testimony of its rebuttal expert. The EEOC moved to strike Defendant’s expert testimony, claiming that the … Continued


The Dangers of Accident Reconstruction Experts Over-relying on Technology

accident-reconstruction-expert-forensisgroup-blog

Introduction: In the December 2015 Verbatim short, “Expert Witness,” director Brett Weiner makes an important point about expert witnesses in the context of accident reconstruction litigation.  “Verbartim” short films use actual courtroom transcripts to make certain arguements.  See Brett Weiner, “Verbatim: Expert Witness,” The New York Times, (2015)[1]; This article addresses accident reconstruction cases and … Continued


The Role of an Expert Witness

Role of an Expert Witness ForensisGroup Blog

The expert witness offers litigation support services to further assist lawyers and their clients in preparation for trial. Hiring an expert in the early stages of a lawsuit helps place the attorney in an excellent position to present their client’s case. In court, the expert is able to shed light on the issues of the … Continued


The Expert Witness Credibility Model: How Juries Perceive Expert Witnesses

Expert Witness Credibility Model ForensisGroup Blog

Undoubtedly, the knowledge that an expert witness has and conveys during testimony has a direct relationship to an expert’s credibility with juries. However, an expert’s level of knowledge does not, in itself, necessarily correlate with credibility. In fact, some jurors have reported feeling alienated by some experts who seem to be so-called “hired guns.” This … Continued


Toxic Tort Case: Court Allows Expert Testimony That Supports Rather Than Proves Causation

Toxic Tort Case Blog

From the 1920s through 1993, a Defendant Oil Company engaged in oil and gas operations in New Mexico. Environmental contamination from these operations was discovered much later, and 200+ residents of the contaminated area brought a toxic tort action for personal injury damages that included systemic lupus erythematosus and other autoimmune disorders. The Plaintiffs alleged … Continued


Federal Expert Witness Deposition Fees: FAQ

Federal Level Deposition Billing Blog

Introduction: Determining who pays for an expert witness’s deposition in federal court can be baffling. While some jurisdictions, like California, set out specific rules for such matters, the Federal Rules of Civil Procedure (FRCP) are much more vague on this issue. Accordingly, questions may routinely arise. This article addresses frequently asked questions regarding payment for … Continued


Court Declares CEO Expert Witness Specially Employed Under Rule 26, Allows Partial Testimony

Rule 26 Blog ForensisGroup

In U.S. District Court, N.D. Illinois, U.S. Magistrate Judge Sidney I. Schenkier heard the motion to strike the expert disclosure of the CEO of the Defendant company. The Plaintiffs argued that the expert was a “retained or specially employed” expert governed by the disclosure regulations of Federal Rule of Civil Procedure 26(a)(2)(B) and improperly filed his … Continued


Expert Witness Deposition Fees in California

Deposition Billing for Expert Witnesses

Expert witnesses have become an indispensable part of litigation. In California, it can be confusing to determine which party is responsible for paying an expert witness’s fees when a deposition is taken. This article answers frequently asked questions about billing for expert depositions and who handles the costs. The following FAQs are answered below with … Continued


Food Safety Expert Witnesses: Emerging Trends

food-safety-law-expert-witness-emerging-trends

Food Safety Law: Major Corporations Food safety litigation is on the rise, with some major corporations being potentially held accountable in ways that were previously unheard of. This article examines the trends in food safety litigation, in terms of the direction it is headed and what kinds of experts may be needed to address new … Continued


What Attorneys Should Know About Expert Reports

Expert-report

Expert witnesses retained on Federal cases are required to submit a written expert report. Attorneys must be aware of the expert report requirements, as well as the deadline for the report. It is important, however, to keep in mind that requirements for expert reports may differ between each jurisdiction. Even though each jurisdiction may have … Continued


FTC Case: Expert Witness used for Restitution Award

negative-option-marketing-case-expert-used-for-restitution-award

The Federal Trade Commission (FTC) brought an action against a corporation and several of its executives—including the company’s former president—seeking injunctive and monetary equitable relief for misleading and unfair business practices surfacing from its website marketing under § 5(a) of the FTC Act. The FTC settled with two of three individual defendants, but one executive … Continued


Auto Repair Expert Witness Threatened by Defendant Car Dealership, Judge Rules It’s Not a Violation of RICO

auto-repair-expert-witness-blog-article-Mechanics-at-repair-shop

A car repair shop owner sued a dealership, its attorney, and law firm, asserting claims for violation of RICO and § 1981. The auto repair expert claimed that dealership allegedly threatened to prevent him from testifying as an expert witness for his customers in their action against the dealership. The dealership retaliated by refusing to … Continued


Illinois Supreme Court: Using Expert Witnesses to Challenge Eye Witness

eye-Witness-swearing-on-the-bible-telling-the-truth

Part I: Illinois Supreme Court paves the way to Challenge Eyewitness Identification with Experts: Implications for Civil Litigation In January, the Illinois Supreme Court took a monumental step forward in allowing expert witness evidence to be considered a viable challenge to eyewitness identification. See, e.g., Karen Daniel, “Illinois embraces eyewitness expert testimony,” Center on Wrongful Convictions, Bluhm Law Clinic, Northwestern … Continued


What Is the Daubert Standard for Expert Testimony?

daubert_standard_video

The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony in federal court.  The Daubert standard came about from the U.S. Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).  The Daubert is a guideline for expert admissibility for federal cases, but many states also adopted the Daubert.  An Expert’s Testimony or expert’s report can be … Continued


Real Estate Appraisal Expert: Sales Comparison Proves Valid Despite Incorrect Zoning in Expert Report

real-estate-appraisal-expert-sales-comparison-approach-forensisgroup

A property owner appealed after the Department of Transportation assessed the damages at $125,000 after taking the property for automotive-related services. After a hearing, the Superior Court reassessed damages as $243,840, and the property owner appealed. The primary issue was whether the trial court erred in reevaluating the amount of damages to which Property Owner … Continued


Direct Examination of Your Experts: How to Come out Ahead

direct-examination-expert-blog

When attorneys retain an expert witness, many factors must be considered to ensure that the expert’s abilities are maximized before a court. The direct examination of retained experts provides lawyers with a critical opportunity to make their experts’ qualifications clear to a jury. This article discusses some techniques that practitioners may wish to use during … Continued


Mining Engineer Expert Witnesses:  Do Experts Need Design Experience to Testify in a Product Liability Case?

Mining Engineer Expert

A product-liability case stemmed from an accident where Plaintiff, a coal miner, sustained injuries to his left hand while using the Defendant’s equipment (a roof bolter). Plaintiff claimed that the injury occurred because he was holding onto the handle of the roof bolter which extended his hand beyond the roof and outside the protective operator … Continued


Using Cross Examination to Uncover Expert Witness Bias

legal balance scale expert witness bias forensisgroup

Utilizing expert witnesses, as well as challenging the opinions of opposing experts, is one of the essential functions of today’s litigator. This article addresses the issue of uncovering expert witness bias using different techniques that are base upon theories of varying degrees of truthfulness. As skilled practitioners have noted, it is important for attorneys to … Continued


Psychiatrist Expert Witness Testimony Withstands Daubert Challenge in Malpractice Lawsuit

Mental Health Expert

In a recent case in Alabama, the Defendant tried to exclude the opinion of a medical expert witness by stating that the expert cannot prove causation.  The psychiatrist expert witness was able to withstand the challenge because of his qualifications, use of reliable methods, and his ability to provide sufficient evidence. The Plaintiff developed a … Continued


Direct Examination of Experts: How to Come out Ahead

direct-examination-of-your-experts-forensisgroup

When attorneys retain an expert witness, many factors must be considered to ensure that the expert’s abilities are maximized before a court. The direct examination of friendly experts provides lawyers with a critical opportunity to make their experts’ qualifications clear to a jury. This article discusses some techniques that practitioners may wish to use during … Continued


ForensisGroup Hillside Holiday Gifts 2015

  Happy Friday! The staff at ForensisGroup would like to wish the children and families over at Hillsides a warm and happy holiday. We are extremely fortunate and grateful to be part of Hillside’s Holiday Giving bringing magic and joy to families around the holidays. ForensisGroup continues to contribute our support with Hillsides for over a … Continued


Is there Prejudice When A Retained Expert Witness is Called to Testify for Opposition

Swearing in of Expert Witness

This case, stemming from an auto accident involving a country’s reserve deputy, was heard on appeal to the Missouri Court of Appeals following a jury verdict against the County.  The County brought five points on appeal, one of which concerned the admission of an expert witness testimony.  The County’s retained expert witness was being called … Continued


Katharine Hepburn’s Home at the Heart of Real Estate Broker Expert Testimony in Insurance Dispute

Katharine Hepburn’s Home at the Heart of Expert Testimony in Insurance Dispute

The Appellate Court of Connecticut recently heard the appeal of a title insurance company against insured developers.  The case involves over the insurance company’s obligations under the policy to compensate the developers for the borough’s claimed ownership of 30-foot wide discontinued road. Defendants purchased the subject property for $6 million, which had been the beachfront … Continued


ForensisGroup is a Student Sponsor for TTAB Event at Loyola Law School

ForensisGroup Co-Sponsors The Trademark Trial & Appeal Board

ForensisGroup, Inc is proud to be the Student Sponsor at the The Trademark Trial & Appeal Board Event located at Loyola Law School on November 13th, 2015.  The Los Angeles Intellectual Property Law Association (www.laipla.net) is the hosting the event for attorneys and law students in Southern California. The event hearing was preceded by a question-and-answer session with the esteemed panel, … Continued


Challenging Expert Testimony in Federal Court

Expert Testimony

Expert witnesses play an indispensable role in litigation, regardless of what side a party is on. Accordingly, it is important to know the ins and outs of challenging expert testimony. This article answers basic questions and provides practitioners with a guide on how to best challenge expert testimony in federal court.


ForensisGroup’s President and CEO, Ms. Mercy Steenwyk participates in the Youth Business Alliance as a Guest Speaker

Youth Business Alliance Ouchi High School Mercy Steenwyk10615

ForensisGroup’s President, Ms. Mercy Steenwyk, recently participated in the Youth Business Alliance (YBA) as a Guest Speaker.  She shared her valuable skills and knowledge with a group of students from Alliance Ouchi High School and Alliance Collins High School as part of the “Business & Careers” program. As the CEO of ForensisGroup, Ms. Steenwky was … Continued


ForensisGroup Nominated As the Best Expert Witness Provider 2015

ForensisGroup, Inc has been named THE BEST EXPERT WITNESS PROVIDER in The Recorder’s 2015 poll!  We would like to thank The Recorder (http://www.therecorder.com/) and everyone who cast their vote! We work hard at providing excellent services to each of our clients and are pleased to know that our efforts have been recognized in such a great … Continued


Questions over Drug Pricing emphasize the need for Pharmaceutical Expert Witnesses

pharmaceutical expert witness

In September, the House Committee on Oversight and Reform, led by two government officials, began investigating one pharmaceutical company’s drug pricing policies. The investigation has led to requests to subpoena the company’s CEO and to force that person to testify before the government about allegedly significant price increases in two drugs that are commonly used … Continued


Agricultural and Economic Expert Witnesses become Vital as GMO Corn Litigation Proceeds

Agricultural experts

Recently, litigation against a manufacturer of genetically-modified corn has been drawing nationwide attention. Over 20 states are already involved in lawsuits, and industry estimates place plaintiff damages at $2.9 billion. Tim Landis, “Lawsuits pile up nationwide in case of genetically modified corn,” The State Journal-Register, Sep. 21, 2015. This article explores the litigation and emphasizes … Continued


Court Strikes Materials Engineering Expert Testimony in Residential Fire Case

A fire as a result of lightning destroyed a home in Missouri. The homeowners’ insurer reimbursed them for their loss, received an assignment of their rights, and filed a diversity products liability action against a manufacturer of corrugated stainless steel tubing (“CSST”) that brought propane gas from an underground storage tank into the home.  Both … Continued


Arctic Drilling & Legal Issues: The Risks, Benefits, & the Oil and Gas Expert Witnesses: Part II: The Consequences of Drilling

Oil and gas fields

Introduction: Recently, the Obama Administration seemed to give unconditional approval to one oil company’s request to drill in the Arctic region, with exploratory operations originally scheduled to begin this summer. However, as many experts from members of regulatory agencies to oil and gas expert witnesses in the industry have pointed out, any company that wishes … Continued


Arctic Drilling & Legal Issues: The Risks, Benefits, & the Expert Witnesses: Part I: Can Drilling Operations Begin?

drilling expert witness operating machinery

Introduction: When the Obama Administration recently gave its approval for a round of drilling by a petroleum company in the Arctic region, many members of the media thought that the results would be a foregone conclusion. Upon further review, however, this hardly seems the case, and the legal issues and hurdles that drilling in the … Continued


The Admissibility of Expert Witness Testimony in Texas: A Guide for Attorneys: Part I: Assisting the Trier of Fact

Expert Testimony

Introduction: Although the landmark United States Supreme Court case of Daubert v. Merell Dow Pharmaceuticals created a set of guidelines for when and how to admit expert testimony in many cases, standards for admissibility vary from state to state. See generally Daubert, 509 U.S. 579 (1993). In Texas, practitioners should be guided by the Texas … Continued


California Litigators: To Daubert or not to Daubert?

Daubert

Introduction: Until a few years ago, the California Supreme Court made it clear that in cases involving questions about an expert witness’s credibility, the federal rule articulated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) was not followed in California. However, after its recent decision in Sargon Enterprises, Inc. v. University of Southern California, 55 Cal. … Continued


Dairy Company Cries over Spilled Milk in not Discrediting Accounting Expert

Forensic Accounting expert witness calculator and pen

The Plaintiff in the following case was a Canadian dealer of a Wisconsin dairy manufacturer’s equipment for 20 years. He claimed that the Manufacturer forced him to sell his dealership to a neighboring dealer at a below-market price. The jury agreed and awarded Plaintiff $471,124 in damages and Manufacturer appealed. Dealers were assigned territories with … Continued


Eleventh Circuit Says Expert Slips Up on “False Sense of Security” Theory in Slip and Fall Accident

Slip and fall cases with an allegedly dangerous or defective surface frequently involve the surface’s coefficient of friction (COF) or “the degree of slip resistance.” The higher the COF, the less slippery the surface will be. Evidence concerning a surface’s COF is typically presented by expert witnesses. The expert will opine on the appropriate COF … Continued


Blast Off: A Rocket Crash & the Potential Legal Implications for the Aviation Expert Witnesses and Aerospace Industries

Introduction: In October of 2014, a co-pilot’s mistake led to the crash of a tourist space plane, which the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA) subsequently investigated. Recently, the results of those investigations were made public, causing much speculation among aerospace and aviation expert witnesses, as well as giving rise to … Continued


Exchanging Expert Witness Information in California

Introduction: According to the California Code of Civil Procedure (CCP), certain procedures exist for the exchange of expert witness information during a lawsuit. See CCP §§ 2034.010-2034.730. This article discusses those procedures and offers guidance to attorneys, supplied by the Continuing Education of the Bar California organization (CEB). CEB, “How to Guide: How to Exchange … Continued


Does an Arbitrator Have Discretion on Procedural Issues Concerning Expert Witness Statements?

A contract dispute between a financial advisory firm and a medical device developer was submitted to an arbitration presided over by an independent International Chamber of Commerce (“ICC”) arbitrator. A final arbitration award was issued in favor of the medical device developer. The financial advisory firm petitioned to vacate the arbitration award and the medical … Continued