The Eighth District Court of Appeals for the State of Ohio has upheld a $30M judgment to the bus passenger against the transportation line. The Plaintiff was one of 43 passengers injured in a 2013 crash on a Pennsylvania highway. A fellow passenger died in the crash when the bus driver fell asleep at the wheel. Plaintiff … Continued
What is the function of an expert witness in litigation? The court system, as well as plaintiffs and defendants, rely on an expert witness’s specialized knowledge to analyze the facts of a case and offer an unbiased opinion. In gender discrimination litigation, expert witnesses educate the jury on matters of employee discrimination, employee relations, employee … Continued
On March 25, 2019, two pharmaceutical companies entered into a $775M settlement in 25,000 lawsuits alleging patients were not adequately warned about the risks of a blood thinner product. This product is a medicine used to prevent and treat blood clots in legs or lungs and to prevent strokes in people with irregular heartbeats. Rxlist.com describes the medication and its side … Continued
What is the role of an economics expert witness? These professionals are experienced in business valuation, damage calculation, profit and loss, lost earnings, and other aspects of business finance. In the realm of intellectual property patents, it is often difficult to assign a monetary value to assets. In patent infringement conflict, the determination and evaluation … Continued
An automobile company recalled nearly 1.5M trucks that could downshift without warning and cause owners to crash. The February 13, 2019, announcement includes 2011-13 vehicleswith 6-speed automatic transmission. The automobile company states that one of their vehicles could experience a problem when sending a signal from the transmission speed sensor. MotorTrend.com describes the problem: The automobile company is … Continued
When should you confer with a product liability expert witness? Product failure may be due to a mechanical breakdown, design defect, improper maintenance or other factors. It is often necessary to consult with an experienced product liability expert to determine how an accident occurred and who or what was at fault. On February 7, 2019, … Continued
The City of Los Angeles has sued to stop the operator of The Weather Channel’s mobile phone application from allegedly profiting from customer location data. On behalf of California residents, L.A. City Attorney Mike Feuer has charged TWC with unfair business practices including unfair competition and violation of privacy. The complaint alleges that TWC uses … Continued
Plaintiffs have filed more than forty lawsuits against a tire manufacturer accusing the company of selling defective tires. The tire manufacturer has facilities worldwide and annual sales of more than $15B. The lawsuits are a result of the manufacturer’s tires that burst on the highway. The tires were marketed to recreational motorhome manufacturers even though … Continued
The Federal Trade Commission v. Qualcomm Incorporated bench trial will begin January 14, 2019, in the U.S. District Court for the Northern District of California with Judge Lucy H. Koh presiding. Qualcomm is a multinational semiconductor and telecommunications equipment company that designs and markets wireless telecommunications products and services. It derives most of its revenue from chip making and the bulk of … Continued
Amarin Pharma, Inc. sued Coromega Health Inc. for unfair competition and false advertising in the U.S.District Court, Southern District of California. Case 3:18-cv-02481-CAB-MSB was filed October 29, 2018, and centers around allegations of Coromega falsely advertising its fish oil supplement products as equivalent to Amarin Pharma Inc.’s prescription drug Vascepa. On November 10, 2018, Amarin … Continued
How does an expert witness enhance your case? Experts help the jury determine the facts of a case, particularly in complex litigation such as lawsuits involving the value of intangible property. While a tangible asset has a physical form, an intangible asset lacks physical substance and is usually very hard to evaluate. Examples of intangible assets include patents, copyrights, franchises, … Continued
A ride-hailing app company has sued four former employees on the company’s corporate intelligence team accusing them of improperly taking confidential records when they left the company. The company alleges that the defendants held onto company hard drives and laptops. Former employee Richard Jacobs argues that the former company team stole trade secrets. In Uber Technologies Inc. … Continued
Glenn Richardson sued MGM Resorts International for $35M in a negligence lawsuit following his injuries at the Mandalay Bay Resort and Casino in 2015. Richardson turned down the $2.5M settlement offer from MGM before the case went to trial. At trial, plaintiff’s attorney Adam Breeden argued that Richardson suffered a traumatic brain injury which impacted … Continued
Do you need an acoustical engineering expert witness for cases involving noise pollution? Noise pollution conflicts arise in environmental, aerospace, residential, and industrial contexts. Because acoustical engineers have expertise in how noise and sound are utilized and controlled, they are a critical aspect in noise pollution litigation. These experts understand the dynamics of sound as well … Continued
When should you consult with a product liability expert witness? In the U.S., defective or dangerous products are the cause of thousands of injuries every year. When a product displays an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. Flaws in the way a product is marketed, … Continued
Court proceedings have begun in the copyright infringement lawsuit PUBG Corporation et al v. NetEase, Inc. et al. The U.S. District Court, California Northern District case 4:18-CV-02010 is assigned to Judge Jeffrey White in Oakland. Headquartered in Korea, PUBG is a privately held company founded in 2009. PUBG alleges that the defendant copied ideas from the … Continued
The June 14, 2018, Sand Blaster roller coaster derailment sent two people seventeen feet down to the ground and left other riders dangling or stuck on the roller coaster until they were rescued by firefighters. Florida inspectors and independent engineers reported that excessive speed and damage to the track and axle systems were the chief … Continued
An Upshur County, TX, jury awarded $101M to Joshua Patterson as a result of being hit from behind by an FTS International Manufacturing truck. The semi-truck driver, Bill Acker, was found to be under the influence of marijuana and methamphetamines while driving the FTS truck. Acker was also on probation with the trucking company for being involved in … Continued
The National Transportation Safety Board and Coast Guard are investigating the duck boat tragedy that claimed seventeen liveson Table Rock Lake in Missouri. The Ride the Ducks craft capsized and sank in a storm on July 19, 2018. Investigators are looking into what caused the accident, including the weather, life jackets, as well as the mechanics … Continued
New Hampshire’s Supreme Court has upheld a $750K jury award for restaurant patron Brandon Stachulski who got sick after eating a hamburger at an Applebee’s restaurant and contracted salmonella. Stachulski’s complaint described him as incurring permanent gastrointestinal problems. Apple New England, which owns the restaurant, filed an appeal in 2017 saying there was insufficient evidence … Continued
On June 22, 2018, 32 oil tanker train cars from Alberta, Canada, derailed in the northwest corner of Iowa and dumped an estimated 230,000 gallons of crude oil into floodwaters. The train was carrying ConocoPhillips oil to Oklahoma. No one was hurt in the accident. The new and retrofitted oil tanker cars were designed to … Continued
Trucking, warehousing, and logistics company California Cartage LLC Company will pay up to $1.9M as a result of wage and hour violations at the company’s Los Angeles storage facility. Warehouse workers filed a lawsuit in 2014 and 2016 alleging that California Cartage violated the state’s minimum wage law, the city’s “living wage” statute and retaliation for … Continued
Chicago U.S. District Judge Matthew Kennelly has ruled that Gatorade did not engage in trademark infringement against SportFuel. SportFuel.com describes the company as “an integrative nutrition consulting firm based in the Chicagoland area.” The company name was registered with the USPTO in 2008. SportFuel sought to stop Gatorade from using the “Sports Fuel” name as … Continued
KOMO-TV, Helicopters Inc, and the estate of the Seattle’s television station’s late pilot will pay $40M to two men who were injured when a news helicopter plummeted off the station’s rooftop in 2014 and crashed into the plaintiff’s cars. Guillermo Sanchez and Richard Newman alleged that KOMO and Helicopters Inc. ignored safety concerns about landing … Continued
Pharmaceutical company Johnson & Johnson was ordered to pay $37M in the case of a New Jersey man who claimed he got mesothelioma from J&J’s talcum powder. Stephen Lanzo III used J&J’s product for over thirty years and believes they contained talc laced with asbestos. The New Brunswick, NJ, jury agreed with him. They found … Continued
Schlitterbahn Water Park corporate executives have been charged with several injuries to patrons as well as the death of ten-year-old Caleb Schwab. Schwab died when the Kansas City amusement park waterslide raft he was riding went airborne. Schwab was decapitated by a metal hoop that supported a netting system above the ride which was advertised … Continued
The market for drones is expanding. During the 2017 Christmas season, U.S. shoppers bought nearly 1.6 million drones, up 31% from Christmas 2016. Drones are complicated electronic devices and their safety is highly debated. Yorkdispatch.com tells us that during Christmas 2017 “social-media platforms were filled with tales of drones that crashed into trees, windows, and people … Continued
A computer forensics expert testified in the U.S. Northern District of California trade secret lawsuit filed by Waymo against Uber. These experts investigate different types of digital data found on computers or other electronic devices in order to locate and identify different forms of evidence. In the Waymo case, the computer forensics expert analyzed the … Continued
Former Chicago White Sox player Dustin Fowler is suing the team and the agency that manages Guaranteed Rate Field for negligence following his knee injury in June 2017. Fowler ran after a foul ball and collided with an electrical box at knee level. He suffered a rupture of the patella tendon in his right knee … Continued
On January 4, 2018, U.S. Bankruptcy Judge Brendan Shannon in Wilmington, DE, gave auto supplier Takata’s creditors the green light to vote on the bankrupt company’s Chapter 11 plan. Takata filed for bankruptcy in June 2017 during a massive recall of its defective airbags. The company manufactures and sells motor vehicle seat belts, airbags, steering … Continued
Oral surgery expert witnesses are knowledgeable in surgery complications following tooth removal, rehabilitative dentistry, restorative implants, endodontics, periodontics, and additional oral surgery procedures. Oral surgery litigation may result from alleged surgery errors, unforeseen side effects, prescribing the wrong post-surgery medication, or other unexpected problems occurring before, during, or after surgery. In Augusta, Maine, jurors found … Continued
The market for remotely piloted aircraft (RPA) systems, commonly known as drones, is expanding. The three main segments of the industry are consumer drones, enterprise drones, and government drones. As a result of this growth, RPA manufacturers and operators are seeking greater access to airspace. The International Air Transport Association, Airports Council International, and the … Continued
Product safety lawsuits involving personal injury may allege poor product design or manufacturing, as well as human factors and misuse of the product. In the news, Ikea relaunched a recall on approximately 17.3 million chests and dressers in the U.S. Ikea.com states, “The recalled chests and dressers are unstable if they are not properly anchored to … Continued
In Southern Alliance for Clean Energy and Tropical Audubon Society Incorporated v. Florida Power & Light Company, the power company was charged with violating the Clean Water Act. Florida Power & Light’s nuclear power reactors at Turkey Point are allegedly leaking polluted water into Biscayne Bay. Plaintiffs state that FPL has created a large saltwater … Continued
Northrop Grumman filed a lawsuit against the state of Virginia in May over contractual disagreements. The state countersued in June. Virginia Information Technologies alleges the global security company is responsible for delays and costs in canceling a $2.4B contract. The VITA countersuit cites “inadequate knowledge transfer” and “NG’s refusal to perform necessary transition activities, and … Continued
Attorney General Bob Ferguson filed an environmental lawsuit against an agricultural company in King County (WA) Superior Court. The lawsuit seeks damages and cleanup costs associated with the polychlorinated PCB contamination in Washington from biphenyls (PCBs) that the company produced for decades. The AG office states: The agricultural company was the only U.S. company to … Continued
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act forbids age discrimination against people who are age 40 or older. In the news a former employee (Plaintiff) has accused her company (Defendant) of age discrimination. Plaintiff worked as a maintenance technician at … Continued
A trade secret litigation between two autonomous car development companies is scheduled for trial in October. The Northern District of California complaint alleges that a former employee took 14,000 proprietary files and used them to create a new startup in which the tech corporation later acquired. Plaintiff accuses its former engineer of taking driverless car trade secrets with … Continued
Over 2000 product liability lawsuits have been reinstated against Defendant, a large pharmaceutical healthcare company by users of the acne drug Accutane. Plaintiffs allege they developed severe bowel disease after taking the medication. Lawsuits accused Defendant of knowing there was a link between Accutane and gastrointestinal symptoms. The acne drug was taken off the market in 2009. … Continued
What constitutes price fixing? According to the Department of Justice Antitrust Division: Price fixing is an agreement among competitors to raise, fix, or otherwise maintain the price at which their goods or services are sold. It is not necessary that the competitors agree to charge exactly the same price, or that every competitor in a … Continued
A company will pay $717,202 in back pay and damages to settle claims by the U.S. Department of Labor that it broke rules laid out in the Fair Labor Standards Act. The company was found to not have paid overtime to employees who were on the job more than forty hours a week as well … Continued
What is a hospitalist? Hospitalists are physicians skilled in all types of medical treatment administered within the hospital setting. Hospitals serve many different patients with a wide spectrum of conditions. Standard of care is especially relevant in any type of hospital service, particularly when significant decisions must be made immediately. When allegations of medical negligence … Continued
The owner and head pharmacist of New England Compounding Center was found guilty of racketeering and fraud and sentenced to nine years in prison. In 2012, 753 patients in 20 states were diagnosed with a fungal infection after being injected with contaminated medical steroids manufactured by NECC. Sixty-four patients in nine states died in what … Continued
In a wage and hour dispute, a former shift manager has accused the company of not paying him overtime wages. The Fortune 500 e-commerce company is based in Seattle, WA. Plaintiff worked in several warehouses in the San Francisco Bay Area. In the Contra Costa County Superior Court lawsuit, plaintiff states that upon his hiring, … Continued
The US Court of Appeals, Seventh Circuit, affirmed summary judgment in favor of the defendant in a toxic tort claim. The plaintiffs blamed the glue manufacturer for neurological and psychological problems that the plaintiff experienced after exposure to the company’s adhesive. Discovery lasted for over three years with the district court finding that the evidence … Continued
Graco Children’s Products Inc. is recalling more than 25,000 car seats that might not adequately restrain children during a crash. The recall affects eight different models of the “’My Ride 65’” convertible car seats which were manufactured between May and August 2014. The National Highway Traffic Safety Administration announced that the webbing in these car … Continued
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
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
The estate of a woman filed a wrongful death lawsuit against her doctor, a New York mail-order pharmacy, and a pharmaceutical company. The woman was given Subsys, a fast-acting opioid fifty times more potent than heroin. Fifteen months later, she was found dead in her home. The pharmaceutical company makes Subsys, a brand-name version of … Continued
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
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
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
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 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
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
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
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
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
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
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
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
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 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
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 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
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
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
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
Hazardous materials experts are trained to consult on chemicals such as those listed by the EPA and OSHA as carcinogens, toxic agents, corrosives, and air pollutants. The Department of Justice Environment and Natural Resources Division announced October 12, 2016 that four Texas companies will pay $3.5M for violations of the Clean Air Act at two … Continued
Consumer electronics experts are trained to evaluate and report on allegations of product defects. They are knowledgeable regarding technological failure due to problems with electronic design or an error in the manufacturing process. In the news, Samsung has been ordered by the US Consumer Product Safety Commission to recall 1.9M Galaxy Note 7 smartphones because … Continued
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 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 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
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
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
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
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 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
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
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
A Pipeline and Hazardous Materials Safety Administration senior engineer for the prosecution in the case against a natural gas company over the 2010 San Bruno explosion. The defendant was found guilty on five felony counts of failing to adequately inspect its gas pipelines. The utility company was also found guilty of misleading federal investigators about … Continued
