Article Originally Appeared in the Philippine News Written by Lydia V. Solis Rosemed, CA – “Queng leon queng tigre ecu tatacut, queca pa?” That’s how Mercy Tolentino Steenwyk, a petite native from Lubao, Pampanga, got everyone’s attention when she spoke before a group of young professionals on July 24, at the Southern California Edison employee … Continued
This article originally appeared in the Los Angeles Business Journal. By Mercy Tolentino Steenwyk When I came to the United States from the Philippines as a 25-year-old, I had a journalism degree and virtually nothing else. After working for a short time as a marketing consultant in construction, I noticed the need for the construction … Continued
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
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
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
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
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
PASADENA, Calif. (September 5, 2016) – Considered Los Angeles’ premier source for comprehensive coverage of local businesses, the Los Angeles Business Journal ranks ForensisGroup among the finalists of women-owned businesses in the area. The Los Angeles Business Journal’s ranking distinguishes companies that are at least 50 percent women-owned, sorted by reported revenues in 2015. This … Continued
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 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
PASADENA, Calif. (August 12, 2016) – ForensisGroup, the nation’s leading source for expert witnesses and consultants, has been recognized by the Los Angeles Business Journal as a finalist in the 2016 Asian Business Awards. The annual award honors the best of companies and leaders within the Asian American business community in the greater Los Angeles … Continued
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
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
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 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
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 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
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
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
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
Railroad accidents expert witnesses are experienced in railroad operations and safety. In the event of a train collision or trial derailment, they are called upon to determine how the accident occurred. In the news, two BNSF Railway Co. workers were found dead and a third remains missing after a fiery train collision outside the town of Panhandle, … Continued
Hurricane Katrina continues to provide cause for litigation, and this case involved a claim relating to the destruction caused by the storm that hinged on the testimony of a hurricane damages expert witness. The Supreme Court of Mississippi ruled on the admissibility of the damages expert witness in an action brought by a homeowners’ association … Continued
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 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
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
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
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
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
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
Statistics expert witnesses may consult in many fields including economics, risk management, and criminology. A Harvard University educated statistics expert witness testified in the case against Cinemark Theaters, owners of the Aurora, Colorado, Cineplex and site of a 2012 mass shooting. Several surviving victims and relatives of the dead claim the theater did not have adequate … Continued
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
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
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
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
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
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
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
PASADENA, Calif. (March 30, 2016) – The readers of the National Law Journal have voted ForensisGroup as the best Expert Witness Provider in 2016. The National Law Journal is regarded as a trusted resource for attorneys and legal professionals working in the industry, making this vote one of the more prestigious honors granted within the … Continued
Should you hire an expert witness or a consulting expert? Why do some attorneys hire both a consultant and an expert witness? Distinguishing between these two types of experts at an early date in time would work as a major advantage for your case, since each individual serves a very specific function. A consulting expert … Continued
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
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
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
ForensisGroup’s President, Ms. Mercy Tolentino 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. Steenwyk … Continued
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
ForensisGroup and President & CEO Mercy T. Steenwyk were recognized and awarded the Los Angeles Business Journal Asian Business Finalist Award on Wednesday July 8th, 2015 at the Omni Hotel in Los Angeles. Ms. Steenwyk and Ms. Cherry Deleon, Vice President, represented ForensisGroup at the ceremonies. Matthew A. Toledo, LABJ’s Publisher and CEO, Betty Uribe of California … Continued
The Pasadena Bar Association will host a lunch panel on the topic of Patent Litigation. It will feature one of ForensisGroup’s experts, Mr. Hal Walbrink. ForensisGroup is one of the proud exclusive sponsors of the Pasadena Bar Association.
ForensisGroup is proud to support the Pasadena Association’s (PBA) Speech Scholarship Contest 2015. PBA’s Speech Contest is open to High School students. The first round of the contest took place on Saturday, May 11th, 2015. ForensisGroup’s President & CEO, Ms. Mercy T. Steenwyk, served as one of the judges for the event. ForensisGroup donated the … Continued
According to the United States Census Bureau, Mexico is the third largest trading partner for the U.S. American businesses have strong partnerships with the manufacturers and producers in Mexico. The Mexican economy and law affect many industries here in the States. ForensisGroup celebrates Cinco de Mayo with our neighbor country on May 5th, 2015. It’s to … Continued
A series of gas explosions occurred on the East Coast in recent months, and some resulted in severe injuries and property damages. Gas leaks are relatively common, but they should be handled with caution even though most do not result in explosions. A gas leak smells like sulfur, some describe it as “rotten eggs”. According … Continued
As consumers become more health-conscious with their food choices, it is important to note that food-safety is still a major concern. When it comes to food recalls, the best we can do is stay current and keep tabs on which products are recalled from the FDA’s website, as even the healthiest of options may fall victim … Continued
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health care administration 389033
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software design 505173
software architecture 343196
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security management 502034
Campground Expert 502607
chemistry 502254
geotechnical engineering 502741
swimming pool construction 502824
geotechnical engineering 502576
land planning 503046
global manufacturing 500576
pharmaceuticals 502271
wind energy 426896
space payloads 456517
neuropsychologist 503601
disability 503683
collision reconstruction 502490
risk management 502178
photovoltaics 502302
medical devices 501937
dewatering 455496
osteopathic medicine 501983
pharmacotherapy 502117
economics 340570
gambling addiction 502544
manufacturing businesses 500684
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pharmacology 502920
mechanical infrastructure 348639
solar photovoltaic 502267
tires 503167
systems engineer 500577
residential real estate 461263
stuntman 504398
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civil engineering design 503583
loss control 503916
neurology 381857
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pricing reports 434328
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master automobile technician 459898
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The U.S. Court of Appeals for the Fifth Circuit recently heard a patent appeal and decided that where an expert merely offers his client’s opinion as his own, that opinion may be excluded. Plaintiff, the assignee of an expired Japanese patent, appealed in a breach-of-contract suit claiming damages from Defendant’s failure to maintain the patent … Continued
A general contractor sued the City for breach of contract; the plaintiff seeks to recover its losses caused by City’s suspension of public highway project. The City raised several issues on appeal, among these was that the trial court erred in permitting an accountant and a civil engineer to testify as expert witnesses. Contractor won … Continued
Modern banking institutions are sprawling, highly complex economic activities that interact with societies in many important ways. Similarly, the banking laws that govern these entities are complex and detailed. If a banking institution comes under scrutiny in court, it is necessary to bring in a banking laws expert witness who can translate the laws into … Continued
ForensisGroup has a successful history of matching each client with the best possible experts, whether they are skilled in agriculture, animals, or crops. Agricultural and animals expert witnesses are selected by an extensive screening process, ensuring that only the most experienced and highly credentialed experts make it through. Our network offers agricultural and animals expert … Continued
ForensisGroup has been matching attorneys with highly qualified experts for more than twenty-five years. We assist each client with finding the best experts the country has to offer, whether we are helping attorneys, insurance companies, law firms, or other public or private agencies. Our extensive selection of accounting expert witnesses consists of individuals with experience … Continued
Accident reconstruction is defined as the systematic process of evaluating all of the evidence related to a particular collision and applying accepted physical principles to determine how that collision occurred. Accident reconstruction and safety expert witnesses are leveraged by law firms and insurance companies in their investigation of all types of vehicle and vessel mishaps. … Continued
ForensisGroup has been connecting attorneys, law firms, insurance companies, and Fortune 500 businesses with only the most trusted and experienced experts from across the nation for more than twenty-five years. We offer appraisal experts skilled with real estate, personal property, antiques, automobiles, industrial equipment, jewelry, business valuation, finance, insurance coverage, fine art, gemstones, ceramics, glass, … Continued
For most attorneys, the practice of their chosen specialty only requires a law degree and bar admission. Not so for patent attorneys. The United States Patent and Trademark Office requires attorneys to pass an additional test to become a patent attorney. The prerequisites for sitting for the exam are provided in the General Requirements Bulletin … Continued
Boeing’s newest aircraft, a 787 Dreamliner, has been long-awaited and the possibility of its lithium-ion battery cutting fuel costs by up to 20% makes it seem ideal. However, due to failures arising from Boeing’s electrical system and the lithium-ion batteries in Dreamliners, the FAA grounded all Dreamliner flights worldwide. See “All Dreamliners are Grounded World-Wide,” … Continued
As a premier source of expert witnesses and consultants since 1991, ForensisGroup also offers select litigation support services to further assist clients in their preparation for trial. In the last 25 years, we have developed a strong network of litigation support specialists such as highly credentialed legal videographers / audio video analysts, animators, urban … Continued
I have more than 35 years experience in the field of Immigration Law and Policy as a law professor and expert on immigration policy and race relations. I previously co-counseled in a precedent-setting U.S. Supreme Court asylum case. My expertise includes negotiation, immigration law, constitutional law, evidence, rebellious lawyering, and Asian American history/law. I have … Continued
I have more than 30 years experience in the field of Accounting. My experience includes forensic audits, forensic accounting, cash flow analysis, construction accounting, percentage completion (bonding finance statements), income tax preparation, income tax audits, IRS audit defense, offer in compromise, entertainment, estate planning, tax abatement, sales tax audits, payroll tax audits, financial statement preparation, … Continued
I have over 25 years experience in the field of Cardiology and Electrophysiology. My extensive experience includes arrhythmia, cardiovascular diseases, implantable carioverter defibrillator, pacemaker, cardiac resynchronization therapy, ablation, atrial fibrillation, lead extraction, and sudden cardiac death. I have more than 10 years expert witness experience.
I have over 30 years experience in the field of Transportation and Truck Insurance Industries. My expertise includes truck insurance litigation; load securement; truck accidents; driver training; fleet operations; FMCSA regulations; vehicle maintenance; and fleet safety. I have more than 5 years expert witness experience with consultations, deposition and courtroom testimony.
ForensisGroup, one of the exclusive sponsors of the Pasadena Bar Association, will attend the Judge’s Night Reception featuring the Honorable Lance Ito as the guest speaker. See you there! Date: Thursday, September 18, 2014 – 6:00 pm Time: 6-8 pm Location: The Old Mill , 1120 Old Mill Road, San Marino CA 91108
ForensisGroup is proud to be a Silver Sponsor at LAIPLA’s Trade Secret Dinner. The event will review trade secret litigation with retired Judge Carl West and top-notch IP attorneys. Intellectual property litigators can learn about strategies for trade secret cases from top IP practitioners. Date: Tuesday, September 23, 2014 Time: 6-8 pm Location: McCormicks & … Continued
ForensisGroup, an affiliate member of the Forensic Expert Witness Association, will attend the FEWA dinner to show our support. The topic of the event is Computer Forensics Experts and Their Role as a Witness in Theft of Trade Secret Matters. Date: Thursday, September 25, 2014 Time: 6-8:30 pm Location: Guidance Software, Inc. 1055 E. Colorado … Continued
ForensisGroup will attend the American Intellectual Property Law Association’s Annual Meeting this year in Washington DC. The event will review patents, trademarks, trade secrets, and copyright cases and the current landscape in IP law. Visit us at our booth! Dates: Oct 23 – Oct 25, 2014 Location: Marriot Wardman Park Hotel 2660 Woodley Rd NW, … Continued
Expert witnesses can be the key to successfully litigating a dispute. Experts are a valuable resource for attorneys and society has high expectations for them in terms of what they can do. Here are three myths about hiring an expert witness, and the truth behind those myths: Myth #1: Hiring An Expert Witness Will Help … Continued
An oil company (MAR) recently brought suit against several defendants, including another energy company, for trade secret misappropriation in violation of the Ohio Uniform Trade Secrets Act (TSA). MAR alleged that defendants improperly used its confidential and proprietary information, including seismic data, to lease land and to drill in Northwest Ohio for oil and natural … Continued
An oil company (MAR) recently brought suit against several defendants, including another energy company, for trade secret misappropriation in violation of the Ohio Uniform Trade Secrets Act (TSA). MAR alleged that defendants improperly used its confidential and proprietary information, including seismic data, to lease land and to drill in Northwest Ohio for oil and natural … Continued
A federal judge recently made a decision to invalidate a patent on the process of detecting Down syndrome in fetuses using genetic sequences. The biological science community seems to concur with the ruling that naturally occurring genes are not patentable. The patent holder’s own biological patent expert witness agree that the amplification and detection of … Continued
ForensisGroup, in partnership with the American Red Cross, raised over $22,000 on November 20, 2013 at the fundraising event for the victims of typhoon Haiyan in the Philippines. The event took place at the Rose Bowl in Pasadena, California. We exceeded our fundraising goal and more than doubled the match of $10,000. In addition to … Continued
Here in Upstate New York, the themes of whole foods, fresh from the farm, and locally grown produce are part of the culinary culture. We view all of these themes as positive for the local economy and a double-win on healthier for our bodies. If I set up a legal narrative with a farm that … Continued
ForensisGroup is a proud sponsor and exhibitor at the Pasadena Bar Association’s Business Development Conference 2013. The event took place at Noor’s Restaurant in Pasadena on November 14, 2013. Legal professionals in Pasadena and the Los Angeles area attended the event to learn about products and services that are offered to the legal community. ForensisGroup, … Continued
An attorney in California contacted ForensisGroup for an expert witness in an insurance subrogation case. The attorney represents the defendant, a company that makes aquariums for commercial use. The aquarium company is covered by a general liability insurance policy. The defendant’s insurance company hired the counsel who called ForensisGroup. The case involves a fire that … Continued
Expert witnesses spend years acquiring the knowledge, expertise, and skills that make them experts in their fields. As such, it is not surprising that expert witnesses expect to be compensated for their time and knowledge. Some expert witnesses request a retainer or an upfront monetary deposit (sometimes non-refundable) in order to secure their services. For … Continued
If you’re an attorney handling government health insurance fraud cases, you may be familiar with the hefty fines the government recovers in these cases – some totaling $4.1 billion in 2011 alone. The Medicare/Medicaid fraud case can be broken into three types or stages: (1) a compliance failure that could pivot into litigation; (2) public aspects of … Continued
This question was answered in a recent decision in the United States District Court for the Northern District of Illinois, by United States Magistrate Judge Maria Valdez. In a recent case, the plaintiff, an insurance company (GTL), brought an action against the another insurance company (AMLI) based upon two reinsurance agreements between the two companies. … Continued
How many times during the course of a trial does the judge have to remind a witness (or lawyer) to keep their voice up? It is probably enough times that we start to question if it’s really the witness or the room’s acoustics of the room. An expert witness who is an acoustics engineer can … Continued
Super Storm Sandy swept through the shores of New Jersey 10 months ago. Unlike parts of the Southeast, The New Jersey shore has rarely suffered catastrophic damage due to storms. Many beachfront homes, board walks and businesses were severely damaged or destroyed. Area residents had to reconcile with the sight of vast destruction of the … Continued
The Securities and Exchange Commission (SEC) recently brought a civil enforcement action against a former CFO of a publicly traded corporation for failing to disclose perquisite (perk”) compensation paid to corporation’s CEO. The CEO enjoyed a life of luxury as the founder and executive of a mailing list company including private jet travel and his … Continued
Insurance companies often hire experts as consultants for claims investigation, especially when it involves claims related to failure of high-value industrial equipment. If the claim is denied, the insured might sue the insurance company for insurance bad faith. These consultants are fact witnesses in the case if the claimant files a lawsuit. However, the insurance … Continued
An article published by Santa Clara University estimates that 34 million people are injured or killed annually due to product related accidents, causing $12 billion in costs. These incidents have spawned numerous lawsuits, requiring the use of hundreds of product liability expert witnesses. Product liability lawsuits can be a burden on manufactures and retailers, but … Continued
The structural pest control expert or entomology expert can be instrumental when it comes to lawsuits caused by damages presented by pests like termites, ants, earwigs, sowbugs, cockroaches, and rodents. Even though there are a plethora of wood-destroying pest and organisms, many property owners undergo the engineering inspection simply hire an inexperienced contractor out of … Continued
There have been reports of false advertising claims about air filtration machines. The machines promoted by nationwide chain stores that promise cleaner air, easier breathing, and better sleep. Well, thankfully for consumers, experts discovered and prevailed in their fight to get certain air filters pulled off the market due to false claims. While they were … Continued
In June of this year, railroad tanker cars known as “DOT-111’s” were at the epicenter of an explosion in Quebec that killed 47 people. As far back as 1991, the National Transportation Safety Board (NTSB) warned that the DOT 111’s have a serious design flaw: in the event of a derailment, they could split open … Continued
Automated conveyors have an inherent level of potential danger such that we know – even without being an expert – safe operating conditions are crucial and can make the difference between life and death. It’s not just minding our kids as we wait forever for baggage to find its way to us on the conveyor … Continued
In Polk County, Florida, an elementary school teacher lost his job several months ago because 200 inappropriate images were found on his school laptop computer. Not surprising. When a teacher uses school property for collecting prohibited material, it seems perfectly reasonable that the school district dismisses him. But, of course, there’s more to the story. … Continued
Experts in heavy equipment do some heavy lifting, from accident reconstruction to appraisals on equipment weighing over 1,500 pounds. We’re talking about boom lifts, skid steers, welders, excavators, and other kinds of heavy equipment used in every setting from road and bridge construction to utility construction and more. There are more than 400,000 heavy equipment … Continued
A nuclear utilities company brought an action alleging breach of contract by the government for disposal of spent nuclear fuel and the fees involved. The utilities moved for permission to designate an additional expert and fact witness and to amend the pretrial schedule. More than 18 months ago, the plaintiffs, a nuclear utilities company (“SFI”), … Continued
“Good utility practice” generally refers to the industry-based practices and methods utilized by a significant portion of a given utility. It can also be used as a situation term, referring to the practices or approach a utility could have been expected to use to accomplish a particular result, consistent with or compared to industry practices. … Continued
If you’re using expert witness testimony to support your client’s case, chances are good the other party is too. Each expert witness will be trying to poke holes in the opposing expert’s testimony. If you try to exclude or limit the opposing counsel’s expert witness testimony, the other party will try to do the same … Continued
For better or worse, the world we live in today is best characterized as an information society. In the information society, information available through online searches largely governs our consumer decisions, which are in turn governed by our perception of the other party’s reputation. Countless studies in consumer behavior indicate that business reviews from the … Continued
Our modern food supply relies on things millions of years old and the latest technology. Sometimes the two clash and bad things happen. Lawyers, and their expert witnesses, may be called in to clean up the mess. Fruit, vegetable and nut crops rely on pollination from honey bees. At the same time, farmers rely upon … Continued
The slow economy has impacted virtually every aspect of society, and environmental regulation is no exception. New York’s Governor Andrew Cuomo recently rolled back clean water regulations, providing medium size dairy farms with an exemption from certain regulations that were designed to protect nearby waters from contamination from the runoff of untreated cow manure. This … Continued
Introduction: Part I of this series discussed whether opinion testimony about property valuation should be considered lay testimony under FRE 701 or expert witness opinion, according to FRE 702. This Part addresses a 10th Circuit case that established a test to help make this determination. In 2011, the 10th Circuit attempted to reconcile what testimony … Continued
My parents are originally from the Bronx. So it should come as no surprise that I’m a “dyed in the wool” Yankees fan. Sorry Red Sox fans, but having a couple of years of success does not a dynasty make. He’s old enough that he actually saw Babe Ruth play and he idolized Lou Gehrig. … Continued
It’s another severe forest fire season for Americans living west of the Mississippi. That’s putting property owners and their insurance companies in an increasingly tighter bind and perhaps increasingly forcing them to turn to their attorneys and experts for help. Two factors are major contributors to the problem: more people living in more rural, fire … Continued
While qualification of an expert witness is an evidentiary matter governed by rules of evidence, disclosure of an expert witness is a procedural matter, governed by rules of procedure. This article seeks to address both matters in the context of restaurant franchise litigation, through an analysis of the case of Jahanshahi v. Centura Development Co., … Continued
Express warranties are affirmative promises made by the seller relating to the quality, description and/or features of a particular good, and which become a basis of the bargain. Implied warranties, on the other hand, need not be expressly made by the seller to the purchaser of a good, but rather are implied under a sales … Continued
It is estimated that nearly 250,000 vehicles were damaged in Hurricane Sandy alone. Carfax estimates over 100,000 of Sandy flooded vehicle are back on the road today. This is concerning, not only to the consumers that ultimately operate these potentially dangerous vehicles, but also to other motorists who share the roadways with such vehicles. An obvious … Continued
It’s one of those government powers that can really make a mess of a property owner’s life, or make that owner a lot of money. Eminent domain is the process by which a government entity takes private property for a valid public purpose. Classically, the state uses eminent domain to take over private property to … Continued
In the aftermath of so many recent natural disasters, the curious question remains—what happens to all of the damaged and destroyed property previously owned by disaster victims? Of particular concern, is the sheer volume of automobiles, due to both individual and familial ownership of multiple vehicles coupled with the presence of transient vehicles. With many … Continued
On a recent trip to Houston, Texas, I decided to rent a convertible and stay on the Gulf coast, commuting the three business days of my trip. More than 10 miles of the commute were through oil refineries, literally stretching as far as the eye could see. And, on the drive back to the airport, … Continued
As the financial system’s life blood has become digital, it has become more vulnerable to hackers. The latest example is an alleged five year operation run by five Russians and a Ukrainian, who stole (and later sold) 160 million credit and debit card account numbers. The U.S. Attorney’s Office for New Jersey claims that the … Continued
I work in compliance law effecting manufacturers, and yet it never ceases to amaze me how much my colleagues need to know about banking operations. Lawyers have a funny expression when speaking with each other: oh, no, I wouldn’t do that. It’s a statement of respect. So when you’re looking for an expert witness in … Continued
The Joy of Food and the Food Industry Expert I consider myself something of an expert in food. I enjoy everything from reading cookbooks to dining out to loitering at café tables in Paris with a café crème. This, mes amis, is exactly the kind of mistake that can create a burnt soufflé for a … Continued
It seems that there is an American court that has solved at least one problem of the Middle East. No, it’s not about Egypt. Or Israel. Or the Palestinians. Or Syria. Let’s start small. Let’s start with Jordan. In a recent case, Sargeant III LLC v. Al Saleh, Fla. 4th DCA, Nos. 4D11–3851, 4D12–760 (May … Continued
It’s a more exacting science than the average human appreciates, until a summer storm passes through and knocks out the power. How many hours do dairy products keep? How is refrigerator temperature affected if you open the door once to move the baking soda front-and-center? Is left-over, perfectly cooked barbequed chicken okay to serve room … Continued
On June 26, 2013, The U.S. Supreme Court issued a decision that was considered historic by anyone’s measure. Not only was the makeup of the final majority and dissent of note (with Justice Antonin Scalia favoring the majority’s argument that, in effect, made gay marriage legal in California again), but the impact for California and … Continued
Depending on the source, millions of Americans and other people worldwide have read, watched the news, or heard about Edward Snowden, a hero in the eyes of some and a traitor in the eyes of others. However, in the legal community, perhaps the million (or even million-plus) dollar question is not “where’s Snowden,” or “is … Continued
It seems that every improvement is accompanied by grief. Whether you are with the majority of scientists who accept global warming as a scientific fact, or are unconvinced of the evidence, none of us would have ever thought that wind power from giant turbines would actually increase pollution. In this case, I’m talking about noise … Continued
Yes, you read correctly – the title of this blog is Existential Damages and the Future of Expert Testimony. I’m talking about Italy, not the United States. It may never come to pass here in the new world, but it is a fascinating leap into understanding the impact of misbehavior. There’s a recent article about … Continued
If you’ve been walking along, whistling a tune at the blue skies overhead, you might be unaware of all the chatter on the airwaves over pipelines, fracking, and waste water. Fifty years ago, the voices of environmental non-profits received limited airtime, had less push within courtrooms, and were a small cry compared to the governments … Continued
Introduction: The recent crash landing of Asiana Flight 214 to San Francisco was a tragedy of epic proportions: Two teenage girls were killed, while some 180 people were injured. See, e.g. “Tribune Wire Reports,” Chicago Tribune, Jul. 9, 2013. Subsequent to the crash, the National Transportation Safety Board (NTSB) made a determination that in all … Continued
Over the years, finding a reliable form of lie detection has been the subject of much debate. Today I’m going to address the potential impact that improved scientific methods of credibility analysis will have on litigation. There are some scholars who argue that using an expert witness to provide the jury with an opinion about … Continued
It can be a real challenge to represent a plaintiff in a legal malpractice case against a lawyer who negligently handled a medical malpractice case. More to the point, you need two expert witnesses – one in law and one in medicine. The legal malpractice case based on an underlying medical malpractice claim starts with … Continued
The distinction between hard and soft law has been discussed largely in the context of international dispute resolution involving conflict of law issues. As defined by distinguished research scholars Kenneth Abbott and Duncan Snidal, hard law “refers to legally binding obligations that are precise (or can be made precise through adjudication or the issuance of … Continued
It’s only spring, but already at the yacht club the jabs are flying. Reasonable opinions will differ. Just who cut off who while under sail, in proximity to a motor boat, without the shore in sight, or – no kidding – when confronted by a tanker. For many a weekend captain at the helm on … Continued
Senior District Judge Karl S. Forester of the United States District Court for the Eastern District of Kentucky was recently asked to entertain a motion of Defendant to exclude the expert testimony of an IRS Special Agent in her trial for violation of the Bank Secrecy Act (“BSA”). In January of this year, a federal … Continued
In a purely diagnostic sense, consideration as to causal factors of an individual’s injury is typically an unnecessary, and perhaps irrelevant, component of patient assessment, in light of the medical provider’s ultimate goal of providing intervention and treatment for benzene exposure. Although diagnostic criteria may unavoidably result in the identification of benzene exposure as being … Continued
Pablo Picasso once said that “good artists borrow, great artists steal.”1 With respect to the cacophony that has arisen concerning copyright law, particularly in the age of digital sampling, an interesting legal issue arises regarding where the line is between musical “remixes” versus “piracy” and what the implications may be, in either event. Of late, … Continued
As civil litigators, we often focus on the importance of having an expert testify in order to demonstrate why our client should prevail. To prove whether a heart surgeon’s efforts met the minimum standards required in his field, you’d want the opinion of an expert in heart surgery. Vince Lombardi notwithstanding, in civil litigation winning … Continued
The notion of a meteorologist, or weather specialist, being employed for the purpose of providing expert consultation, testimony, or other legal support services in civil matters might, at first glance, appear to be a novel concept. However, utilization of weather and meteorological expert services has been, and continues to be, a highly beneficial tool in … Continued
The use of video evidence in litigated matters is commonly categorized as a type of impermeable or uncontested proof, deemed certain to overcome issues of liability and fault if permitted entry into evidence. Yet, in current times of ever increasing technological advancements, the evidentiary value of video evidence cannot be characterized as the type of … Continued
Every day, shiny new cases arrive in court, ready to be resolved, only to gather dust during discovery and languish for years as the courts’ overstuffed dockets bring everything to a rush-hour stand-still. Then, at some point in this drama, the court schedules a judicial conference to discuss ways of settling this 100-years war, a … Continued
Who doesn’t love a big construction site? Big tires. Tall cranes. Subterranean boring. It’s the rumble and buzz of progress. But, what no one wants to hear is a whistle, followed by silence. It’s that signal that something has gone wrong, the site work has stopped, and, in the worst case scenarios, everyone is being … Continued
In recent years there has been a notable influx of patent litigation that has—rather than foster innovation and enforce intellectual property—threatened companies and patent owners to receive lucrative settlements based on questionable claims. The intellectual property community is seeing a growing number of companies, commonly known as “patent trolls,” who’s business strategy is initiate claims … Continued
Spring is not only a time for flying arrows for lovers; it’s also a time for flying arrows for homeowners. The first bit of warm weather and homeowners decide it’s time to do that project they didn’t get to in the fall and put off all winter. With that sense of overdue urgency, homeowners do … Continued
The safety over our nation’s underground pipeline systems have presented issues regarding public health for several decades. Although some safety concerns were recently addressed with the enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pipeline Safety Act), which President Obama signed in 2012, some say that it was lacking in … Continued
The U.S. Department of Transportation, Pipeline & Hazardous Material Safety Administration (PHMSA) collects data on incidents and accidents, which are then further classified into either ‘Serious Incidents’ or ‘Significant Incidents.’ Serious Incidents are those that result in either a fatality, or an injury requiring hospitalization. Significant Incidents are those which result in any of the … Continued
Most people take one driver’s test as a teenager and have only their vision checked every so many years when making their license renewal. With so little training so long ago, we can hardly claim to be experts on the rules of the road, can we? According to the US Census bureau, in 2009 there … Continued
The intellectual property lawyers have all the fun. They are the modern day gladiators of the fortress, drawing lines and shouting “infringement!” while pushing back the encroacher in the name of concepts like dilution, unfair competition, and doctrines of equivalents. But once we’re past the glitzy headline, intellectual property attorneys need expert witnesses galore and … Continued
