Introduction: The potential legalization and regulation of marijuana, whether for medical or recreational purposes, has attracted substantial national attention. Nine states, as well as Washington, D.C., have legalized cannabis for recreational use, and 29 have passed laws that make medical marijuana legal. See id. A 2017 Gallup poll found that 64% of Americans approve of legalization, … Continued
U.S. District Judge David C. Norton recently heard a Plaintiff Insurance Company’s motion to compel Defendant to pay expert witness fees. This action arose out of an insurance coverage dispute between the insurer and its insured regarding certain alleged misrepresentations in Defendant’s application for workers’ compensation insurance. Defendant was a medium-sized construction company that specialized … Continued
Introduction: Intellectual property (IP) attorneys are frequently overwhelmed when trying to keep up with the pace of technological innovation, so it comes as no surprise that boutique firms have emerged to focus on particular trends. Within the umbrella of IP law, copyright issues have sometimes taken a backseat to other legal questions, such as what … Continued
In a § 1983 action, a Defendant City and Defendant police officer in Alabama sought to exclude the expert opinion testimony of one of Plaintiff’s experts—an expert witness on police procedure. Plaintiff initiated this lawsuit after an incident occurred during a morning walk in his son’s neighborhood when a police officer employed by the City, … Continued
Introduction: Over the past year, a number of state supreme courts have decided to re-evaluate what evidentiary standard to apply when addressing the admissibility of expert witness evidence. See, e.g., Michelle M. Bufano & Lewis M. Russo, ”’Accutane’ Appeal Presents Opportunity For NJ To Adopt ‘Daubert,’” New Jersey Law Journal, Dec. 18, 2017, at https://www.law.com/njlawjournal/sites/njlawjournal/2017/12/08/accutane-appeal-presents-opportunity-for-nj-to-adopt-daubert/ … Continued
Microsoft has asked a judge to dismiss an infringement suit targeting their Cortana digital assistant products, capitalizing on an earlier ruling that invalidated three patents at the center of the case. Microsoft’s attorneys argued that the March 31st ruling from U.S. District Judge Richard G. Andrews of the District of Delaware destroyed the case from IPA Technologies Inc., as the American … Continued
A railroad conductor appealed the order of the Philadelphia County Court of Common Pleas granting his employer, a local transportation authority’s motion for a new trial. The main point of the appeal was the admissibility of his liability expert. On the night of his injury, Plaintiff stood in the vestibule of a railroad car holding … Continued
The Plaintiffs in a recent Mississippi federal case moved to strike the expert designation of Defendant’s witness, a Technical Environmental Engineer. In support of their motion to strike, Plaintiffs argued that he was a non-specially retained/ non-reporting expert as to all matters addressed in his designation. U.S. Magistrate Judge Jane M. Virden wrote in her … 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
Introduction: Recently, the federal government announced its intent to sue the state of California over several immigration-related bills that the United States Attorney General has claimed are unconstitutional. See, e.g., Abby Hamblin, “Jeff Sessions’ immigration lawsuit targets California: your questions answered,” San Diego Union-Tribune, Mar. 7 2018. At issue are three California laws, and California’s … 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
In 2017, a New Jersey case that involved the legality of sports betting was granted certiorari by the United States Supreme Court. See, e.g., Larry Gibbs, “Odds, Integrity And Preparations for the Supreme Court To Rule On Sports Betting,” Legal Sports Report, Mar. 5, 2018, at https://www.legalsportsreport.com/18925/sports-betting-odds-in-scotus-and-future/ (last visited Mar. 28, 2018). In response to … Continued
A former employee of the City of Tampa filed an action for unlawful retaliation in violation of the Americans with Disabilities Act (“ADA”) and the Florida Civil Rights Act (“FCRA”). Plaintiff was employed as a City Solid Waste Collection Driver. At some time during his employment, he was diagnosed with a medical condition that allegedly … Continued
Introduction: Artificial intelligence (AI) seems to be cropping up at every juncture, whether it’s in the form of self-driving cars or applications that correlate customer data to improve marketing techniques. A number of AI proponents have enumerated the benefits of implementing that technology in different sectors, but others have mentioned concerns with the use of … Continued
U.S. District Judge James I. Cohn recently heard arguments on a defendants’ motion to exclude the testimony of a plaintiffs’ military analyst with expertise in investigating and analyzing military structures in the context of violence against civilians during armed conflict. This military expert had nearly two decades of experience investigating international criminal law and human … Continued
Who can be held liable when an autonomous vehicle strikes and kills a pedestrian? This legal question came to the fore this week when an autonomous Uber car struck and killed a pedestrian in Tempe, Arizona, just outside of Phoenix. Liability for the women’s death is at issue. Tempe Police said the vehicle was in … Continued
Introduction: In order for the United States Patent & Trademark Office (PTO) to consider an invention legally entitled to a patent, the invention in question must be deemed “eligible” for legal protection. See, e.g., U.S. PTO, “Patent Eligible Subject Matter: Report On Views And Recommendations From The Public,” Jul. 2017, available at https://www.uspto.gov/sites/default/files/documents/101-Report_FINAL.pdf (last visited … Continued
The debate over whether or not Title VII of the Civil Rights Act applies to discrimination based on sexual orientation has been controversial and extensive. Myriad courts have been asked to resolve this question one way or another, and various legal interpretations have been advanced. On February 26, 2018, the Second Circuit Court of Appeals … Continued
Defendants in a recent federal California case filed an administrative motion to modify the court’s case management to let them supplement their expert disclosures by replacing Dr. A, previously disclosed as a forensic pathologist expert, with another forensic pathologist expert because he wasn’t available for trial. The plaintiffs said that they would stipulate to the replacement … Continued
A federal district court in Louisiana recently heard a motion to exclude expert testimony of a Certified Low Vision Therapist in an ADA (Americans with Disabilities Act) action. The plaintiff was a medical review nurse hired for the defendant insurance company. In July 2013, she suffered a stroke. As a result, she experienced, among other … Continued
The Maryland Court of Appeals recently held that trial court didn’t err in admitting Petitioner’s post-accident medical treatment records under Maryland Rule 5-703. The Court concluded that “disclosed” under Maryland Rule 5-703(b) means that evidence is admissible if it satisfies four elements set forth in the rule. Such evidence may, in trial court’s discretion, be … Continued
In 2014, California passed the Sustainable Groundwater Management Act (SGMA), which “requires critically overdrafted groundwater basins to adopt plans by 2020 to sustainably manage their aquifers.” Matt Weiser, “As California Groundwater Regulation Unfolds, Some Feel Left Out,” News Deeply, Jan. 22, 2018. Local groundwater regulatory agencies were created and tasked with meeting this looming deadline, and many … 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
On February 14, 2018, Marjory Stoneman Douglas High School in Parkland, Florida, was subject to a tragedy. 17 people were killed and 14 were wounded. See, e.g., NBC News, “Broward County Sherriff details timeline of Parkland Shooting,” Video, Feb. 15, 2018, at https://www.nbcnews.com/video/florida-school-shooting-timeline-detailed-by-sheriff-1162718787706 (last visited Feb. 21, 2018). The deaths and injuries occurred after a … Continued
In the United States, labor law encompasses everything from family medical leave to marijuana regulation. See, e.g., Erin Mulvaney, “Labor of Law: We Asked for Labor-Law Predictions for 2018. Here’s What You Said.”, Law.com, Jan. 16, 2018. When asked what trends they expected to see in the labor and employment fields for 2018, a number … Continued
Introduction: Expert witnesses are commonly used in all types of federal civil litigation, and bankruptcy court is no exception. However, according to one bankruptcy attorney, “[t]he rules and best practices applicable to expert witnesses in bankruptcy court differ in a number of respects from those in district court.” Philip Bentley, “United States: Expert Witnesses In … Continued
The Virginia Department of Elections brought a motion to exclude the testimony of a proposed election expert witness for the plaintiffs—three individuals and two voluntary associations affiliated with the Republican Party of Virginia. The lawsuit challenged the constitutionality of the Incumbent Protection Act, which provides certain elected officials with the power to choose the method … 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
Sleep apnea is the most frequently diagnosed sleep disorder in the United States. It’s also becoming a “go to” criminal defense for many trial attorneys. Sleep apnea is a potentially serious sleep disorder in which breathing repeatedly stops and starts during a sleep cycle. The use of sleep apnea as a defense holds that the … Continued
A jury convicted the Defendant in Indiana of 15 counts of wire fraud, four counts of money laundering, and one count of securities fraud for his participation in a fraudulent investment scheme. In 2009, a self-described financial advisor began creating financial investment business entities and soliciting startup capital from family and friends. He directed individuals … Continued
Defendant rear-ended Plaintiff while he was stopped at a red light. The parties stipulated that Defendant was negligent, but left the issues of causation and damages for the jury. Plaintiff claimed that his alleged injuries limited his ability to work as a nurse, but he didn’t leave nursing until shortly after he filed this lawsuit. … Continued
Recently a life insurance company filed an interpleader action to resolve which of the defendants was entitled to the proceeds of an insurance policy it issued on the life of the decedent (the insured)—his ex-wife or his widow. The ex-wife was the named beneficiary, and the insured had transferred ownership of the policy to her … Continued
Introduction: Expert witnesses play an integral role in intellectual property (IP) litigation. Recently, a number of experts were asked to “identify the biggest moments in IP” for 2017 and to predict potential trends for the upcoming year. See, e.g., Gene Quinn, “An Interesting Year on the Horizon: What to Watch in 2018,” IP Watchdog, Jan. … 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
Introduction: In medical malpractice cases, certain elements must be proven by plaintiffs in order to make a recovery, and in most states, those elements must be shown to a degree to even file a complaint. This article reviews such cases and the role of expert witnesses, from the perspective of a professor of surgery, who … Continued
Introduction: This past year, particularly in recent months, the #MeToo movement, which spread across the nation and went viral around October of 2017, culminated in countless individuals speaking out about experiences with sexual harassment, assault, and other forms of misconduct, and the hashtag is recognized for breaking a history of silence on these issues. See, … Continued
Plaintiff smoked a pack and a half of cigarettes every day for 30 years and suffered from lung cancer. He also worked aboard navy vessels removing insulation, which he claimed exposed him to asbestos fibers. Plus, for two weeks, he worked as an independent contractor at Defendant’s refinery replacing heaters that Plaintiff claimed were insulated … 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
A federal court in South Dakota recently denied a motion to exclude a truck dealer’s expert testimony in a dispute over lost profits resulting from the termination of a distributor agreement. The defendants, a manufacturer and a trailer sales company, moved to exclude the testimony of an expert the plaintiff dealer had retained to … 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
In November, the FDA approved Abilify MyCite, a pill with a sensor that digitally monitors whether a patient has taken his or her medication. It’s a significant advance in the growing field of digital devices designed to monitor medicine-taking and to address the expensive, longstanding problem of patients failing to take their meds as prescribed. … Continued
While it is common knowledge to many attorneys that different types of expert witnesses are available and frequently indispensable in litigation, familiarity with the details of such witnesses can be of great utility. This article examines the many forms of guidance and assistance that experts can offer, in line with a helpful breakdown provided by … Continued
Arizona Rule of Evidence 615 (“the Rule”) provides that a trial court, at a party’s request, “must order witnesses excluded so that they cannot hear other witnesses’ testimony.” That rule was called into question recently when a patient sued her doctor of chiropractic for medical malpractice. Plaintiff alleged that Defendant negligently performed a chiropractic adjustment … Continued
Introduction: Expert witnesses have been a part of litigation for longer than many people realize. In fact, the earliest time that an expert witness was known to take part in a lawsuit was in 1782, when an engineer testified in court in England. See, e.g., Yorkshire Reporter, “John Smeaton,”Jan. 22, 2014, available at http://yorkshirereporter.co.uk/john-smeaton/, (last … Continued
In 2014, a federal magistrate issued a preliminary injunction in a suit in which the State of New York alleged the pharmaceutical manufacturer (“Manufacturer “) attempted to effectuate a “hard switch” from a twice-daily drug that treats moderate-to-severe stages of Alzheimer’s disease to a pharmacologically identical drug only taken once a day. The State alleged … Continued
Introduction: In recent years, there has been a robust and lively debate over what types of marketing are the most effective, as well as which ones may face the most significant ethical and/or legal complications. Of late, more and more companies have been utilizing a tool called “influencer marketing,” particularly on social media. In fact, … 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
A Pittsburgh law firm has been ordered to pay double the cost of an expert it didn’t use in an insurance case. After a tornado damaged the insured’s home, the homeowners sued their homeowner insurance carrier to pay damages in excess of policy limits because it negligently underinsured the property and acted in bad faith … Continued
Introduction: In civil litigation, expert witnesses have become a valuable and often necessary part of a case, and their opinions and testimony can pave the way to success at trial. As some legal analysts explain, “Experts may not only be critical to the introduction of evidence (i.e. testimonial experts), but may also play a key … Continued
A silicone breast implants manufacturer was sued for health issues arising from its product. Due to the number of claims by implant recipients, a class-settlement was initiated, and an agreement was reached in the Northern District of Alabama. About 440,000 individuals agreed with this settlement, but thousands of individuals opted out. As a result of … 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
The Ninth Circuit recently heard an appeal of a Plaintiff who alleged that his constitutional rights were violated when he was arrested while volunteering to observe an interagency government operation to herd buffalo into Yellowstone National Park. Among the issues on appeal was the district court’s exclusion of his expert witness. During the incident, Plaintiff … Continued
Introduction When retaining and working with expert witnesses, attorneys have a number of matters to consider to ensure that their interactions with such experts are ethical. This article examines some of the common ethical considerations involved in this dynamic by the American Bar Association (ABA). Discussion Engaging Expert Witnesses: One ethical issue that the ABA … Continued
A case was recently appealed by the estate of a decedent under the Federal Tort Claims Act against the United States from a fatal medical incident he suffered while in the care, custody, and control of a VA Medical Hospital. The decedent suffered from numerous medical conditions and was admitted to the Hospital several times … Continued
The Eighth Circuit Court of Appeals, in a per curiam opinion, recently held that the district court didn’t abuse its discretion by excluding parts of a metallurgy expert’s testimony. At the time of her total hip replacement, Plaintiff was a little over five feet tall, weighed 302 pounds, and took immunosuppressant drugs—factors that placed her … Continued
Introduction: Intellectual property (IP) litigation accounts for a large percentage of cases heard in United States district courts, perhaps reaching as much as sixty-percent or higher in recent years. See generally, e.g., Matthew Sag, “IP Litigation in U.S. District Courts: 1994-2014,” Iowa Law Review, Vol. 101, Iss. 3, P. 1065, 2016. When Congress enacted the … Continued
Many farmers planted a new type of seed this year. More than 25 million acres of soybean and cotton fields were planted with seeds developed by Monsanto that are genetically modified to be resistant to a weed killer called dicamba. The seeds are one of the biggest product releases in the Monsanto’s history. However, the … Continued
A nutrition company (Defendant) based in Los Angeles may have thought that the $200 million settlement with the government would end all the nutrition-shake company’s fraudulent business practices, but a new Miami class action claims more illegalities. The company’s settlement with the FTC last year prohibited the company from engaging in certain business practices, such … Continued
Introduction: Within the past few weeks, a major case has been settled, one that entailed allegations by a meat producer that a major television network had made defamatory claims about its products. See, e.g., Daniel Victor, “ABC Settles With Meat Producer in ‘Pink Slime’ Defamation Case,” The New York Times, Jun. 28, 2017. The case … Continued
Introduction: Expert witnesses are so prevalent in litigation that it is commonplace for attorneys to be familiar with them and to have myriad working relationships with them. From cases concerning issues of patent law to radiology, a number of legal commentators and jurists have suggested that “blinding” experts may be a way to reduce potential … Continued
Introduction: In 2010, a pilot’s airplane fell from the sky, resulting in a host of injuries to the pilot that ultimately left him wheelchair-bound. See, e.g., Mary Divine[1], “Pilot who crashed at Minnesota airport denied $27M verdict,” Crookston Times, Sep. 26, 2017. In 2011, the National Transportation Safety Board (NTSB) ruled that the crash occurred … 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
An Alabama compounding pharmacy brought an action against their general liability insurer, asserting claims of breach of insurance contract, bad faith failure to investigate, and bad faith denial of a claim. All the claims arise from Defendant’s denial of coverage, including defense and indemnification, to Plaintiff’s underlying lawsuit. In that action, Plaintiff maintained that the issue … Continued
Article Originally Appeared in the Philippine News Written by Lydia V. Solis Rosemead, 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
Recently, a Texas federal court issued an opinion against a large gaming manufacturer, based on another company’s claim of patent infringement. This case was somewhat unique in that it involved an alleged patent on a process, rather than a product. This article examines the legal issues at play and discusses the future legal action contemplated … 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
A class action lawsuit has been filed in San Diego against the credit monitoring agency Equifax, with potentially millions of people eligible to join the action. The lawsuit was filed in United States District Court on September 8th on behalf of two San Diego residents against Equifax for negligence, unfair competition, and unlawful business practices … 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
Recently, a motion to exclude an expert witness was heard by a judge in the Eastern District of Michigan in a dispute over credit reporting and credit card charge-off procedures. Case Background Plaintiff alleged violations of the Fair Credit Reporting Act and that Defendant Credit Card Company (“Creditor”) reported his delinquent credit card account to … Continued
When Billboard enumerated its picks for the top music lawyers in the industry, it also provided an illuminating look at the various legal issues music attorneys tackle. See Billboard Staff, “Billboard’s 2017 Top Music Lawyers Revealed, Led By Joel Katz,” Billboard Magazine, Jul. 17, 2017. This article examines some of those issues and addresses how … Continued
When determining how to document the work they have done and the amount of time each task has taken, expert witnesses, like attorneys, have certain options available. In cases where an expert is paid on an hourly basis, there are different methods that are used to calculate and bill for the proper amount. This article … 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
In a recent patent infringement suit, a federal district court was asked to consider the plaintiff’s Motion to Strike and/or Exclude Testimony of the defendants’ designated expert witness. The plaintiff made two arguments for why the court should strike or exclude the expert’s report. First, they argued that the expert improperly relied on material the … Continued
Over the last few years, there has been substantial publicity about opiate medications and the potential abuses of those drugs. Since then, there has been one product pulled from the market, and the federal government has suggested that it will be enacting stricter prescription guidelines by January of 2018. In the midst of all of … 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
Introduction: Bitcoin and other cryptocurrencies have become increasingly popular over the past few years, which has been caused, in part, by two factors: many legitimate large businesses have begun to accept them as payment options, and the value of Bitcoin, in particular, has substantially increased. Because these cryptocurrencies have evolved so quickly, there are a … Continued
In an action over the marketing and sales of insurance products, a plaintiff IMO (“independent marketing organization”) sought to strike the defendant insurance company’s expert witness. In their motion, Plaintiffs, inter alia, asserted that the insurance expert didn’t set out verifiable standards for his analysis, identify who created these standards, or explain their relevance. Defendant … 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
Introduction: In Illinois, a large concentrated animal feeding operation (CAFO) for pigs is proposed to take up eight acres of land in a rural county. There are some rules pertaining to livestock confinement areas provided by the Illinois Department of Agriculture (IDOA), but they are somewhat lacking. See, e.g., Debra Chandler Landis, “Illinois Issues: Big … 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
United States Magistrate Judge Edwin G. Torres of the Southern District of Florida recently heard a cruise line’s (“Defendant”) Daubert Motion to Strike the Plaintiff’s expert witness. This case stems from the death of a passenger aboard Defendant’s cruise ship. Decedent and his ex-wife (Plaintiff) went on a cruise to Cozumel, Mexico. During the first … Continued
Introduction: 2016 saw a very large number of lawsuits, particularly class actions, which pertained to alleged violations of the Americans with Disabilities Act (ADA) and whether certain companies’ web content was accessible to disabled people in a way that comports with the Act’s requirements. See, e.g., Lewis Wiener & Alexander Fuchs, “Trending: ADA Website Accessibility … 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
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
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
Introduction: Medical devices, which are regulated by the federal Food and Drug Administration (FDA) and governed by the US Federal Food, Drug, and Cosmetic Act (FFDCA), are often the subject of various types of lawsuits. This article examines some of the more common types of litigation that arise in the medical device industry and discusses … Continued
The mother was a Yupik woman with young children who struggled with addiction. The Office of Child Services (OCS) took emergency custody of the children after receiving more reports of violence, drug abuse, and child endangerment. The mother obtained a substance abuse assessment but was discharged after less than two weeks for possession of marijuana … 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
Must a plaintiff present expert testimony to support his claim pursuant to California’s consumer expectations test for design defects? The Ninth Circuit says yes. The plaintiff in a recent case appealed the district court’s grant of summary judgment in favor of an electric company, arguing that the it erred in holding that he was required … Continued
The plaintiff fell and suffered injuries while aboard the S.S. Altair, a public vessel owned by the United States Maritime Administration. Plaintiff was a 54-year-old employee of an iron works company who was inspecting the vessel for his employer’s bid on repair work. During the vessel “walkthrough,” Plaintiff arrived at a stairwell leading down to … Continued
Cases against the e-cigarette industry are piling up, and this trend is likely to continue, as more consumers are attracted to the products in that market. The cases are largely product liability cases, but other types also exist, and there are a number of implications for this explosion of cases. Discussion: As the National … Continued
An Atlanta artist brought a copyright suit and proposed that his wife be admitted as a damages expert for licensing fees, but the District Court for the Northern District of Georgia found her methodology to be unreliable. Plaintiff was commissioned to create a drawing (“Drawing “) of a restaurant for $125. When he completed the … 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
Introduction: One of the most difficult and stressful things a law firm may have to grapple with is what to do in the event of a data or security breach. These breaches are fairly inevitable, given the number of cyber criminals and attacks that are out there. However, the impact of such breaches can be … Continued
A clean tech startup entered into a license agreement with Plaintiff and Corporation. The agreement gave the startup license to manufacture products and use the intellectual property related to Plaintiff’s energy catalyzer technology without the harmful byproduct associated with nuclear reaction processes. Plaintiff accused Defendant of breaching a licensing contract for his technology. As part … 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
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
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
A plaintiff’s medical expert witness had to abruptly stop his testimony in order to provide medical aid to a juror that collapsed during a trial. As a result, the case was stopped midtrial with the granting of the pharmaceutical company’s motion for nonsuit. The medical expert and physician came off the witness stand and, with … 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
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 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
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
Plaintiffs owned a jewelry business from the mid-1990s until 2009 when the company was dissolved and the store closed. The state received an anonymous tip from someone identifying themselves as an employee of the jewelry business, who indicated that the company was “committing fraud, the owners are hiding sales, cash sales are not reported, cost … Continued
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
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
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
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
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
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
U.S. Magistrate Judge Thomas B. Smith recently decided a Cruise Company’s Motion to Strike a plaintiff’s expert, or in the alternative, to compel better expert disclosures and motion for stay of its expert disclosure deadline. Plaintiff complained that while employed as a crew mess attendant aboard Defendant’s cruise ship, he was injured due to Defendant’s … Continued
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
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
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
President Donald Trump’s nomination of Judge Neil Gorsuch to the Supreme Court has opened the floodgates of questions of where the Tenth Circuit Judge stands on important issues. One of those is how the judge interprets precedent on the issue of expert witness testimony. A review of some of his recent opinions gives some indication … 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
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
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
A shipbuilding company and a port commission brought this suit against a company that performed soil stabilization work for a large shipbuilding facility in Louisiana. The troubles started when the soil stabilization work began to fail. This litigation against Defendant was brought, inter alia, for breach of contract and negligent failure to warn under Louisiana … 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
The Fourth Circuit recently reviewed a claim under the Latham Act for the promotional efforts undertaken by Defendant to market its new .xyz domain. Plaintiff sold internet domain names and operates .com and .net top-level domains. In 2014, Defendant, a competitor, then launched “.xyz,” a new top-level domain, and began registering domain names ending in … 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
Introduction: The future has, in many people’s minds, always included the idea of a car that can drive itself, and that future has arrived. As with any new technology, there are legal questions that often arise, in part because technological advances often outpace the speed of legislation. Legal analysts have raised concerns about how and … Continued
Judge Jeffrey J. Clark in Delaware Superior Court recently ruled on a motion in limine on the admissibility of an expert’s report at trial. Plaintiff, a tenant, brought a personal injury action for damages he sustained when he fell through a hole in the residence that he previously rented from the Defendant landlords, but Defendants … Continued
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
Introduction: The past few years have seen a rise in legal controversies arising over the labeling of foods and genetically modified organisms (GMOs) in particular, and this year is no exception. In fact, one company is already being sued over its claim that its product is “100% natural.” See, e.g., Mateusz Perkowski, “GMO vegetable oil … 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
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
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
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
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
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
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 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
In 2016, 560 food recalls occurred, with one very recent recall taking place in December and potentially having consequences that extend into 2017 and beyond. See, e.g., Megan Leonhardt, “What Not to Eat: 9 of the Biggest Food Recalls of 2016,” Money Magazine, Dec. 9, 2016. In fact, according to one analyst, “The FDA recalled … Continued
A Ninth Circuit Panel of Judges Reinhardt, Tashima, and Paez heard the appeal of several taxpayers from the United States Tax Court’s determination of their tax liabilities. In 2007, the Taxpayer pled guilty to willfully making a false tax return for the year 2000 in violation of 26 U.S.C. § 7206(1). In his plea agreement, … 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
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
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
The Appellate Division of the New York Court of Appeals was asked to review a trial court’s decision to deny as untimely plaintiff’s motion to preclude the testimony of defendant’s cause of death expert on the grounds that the CPLR 3101(d) disclosure statement was deficient. The decedent entered Defendant’s hospital with symptoms of pneumonia and … Continued
Once lawsuits begin to involve multiple plaintiffs, even the savviest attorneys may have some difficulty determining whether a particular case belongs in the category of a mass tort or class action. In fact, many legal sources have made this difficulty even more puzzling by using the terms interchangeably, and “some mass torts claims are filed … 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
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
The Tenth Circuit Court of Appeals just heard an appeal in a case dealing with the handling of a claim under policies providing underinsured-motorist coverage in which an insurance expert’s testimony helped shape the outcome. The tortfeasor in this action bought his fiancée a van for her 50th birthday, and in celebrating her birthday and … Continued
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
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
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
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
With respect to agriculture, a good percentage of farmers rely on pesticides to assist their crops, but that could change in the near future. Plant microbiomes, which consist of the genetic material of microorganisms and often include bacteria, are being studied by many corporations to determine their effectiveness in improving harvests. See, e.g., Sarah Zhang, … 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
On September 29, Hurricane Matthew formed near the Windward Islands, hit Haiti and Cuba, and by October 8, had reached the Southeast U.S., where it hit the coasts of Florida, Georgia, and the Carolinas. See, e.g., The Weather Company, “Hurricane Matthew Recap: Destruction from the Caribbean to the United States,” weather.com, Oct. 10. 2016. At … 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
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
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
For cases involving science, such as addressing the accuracy of an employer’s drug test, it’s important to have a medical or forensic science expert witness to bring insight and clarity. An employee appealed the district court’s dismissal of his negligence action arising from a failed drug test administered by Defendant Drug Testing Company based on … Continued
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
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
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
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
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
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
In 2015, two musicians were found guilty of copyright infringement and were ordered to pay several million dollars to the estate of the artist, whose work their song allegedly resembled. See, e.g., Peter Alhadef & Shereen Cheong, “The Lesson of Blurred Lines,” The Music Business Journal, Feb. 2016. A few months ago, a copyright infringement … Continued
Many times, attorneys will consult expert witnesses, disclose the existence of such individuals to adverse parties, and even go so far as to depose them, but then, for various reasons, will determine that it is not of strategic benefit to call such experts at the actual trial. In such cases, depending upon the rules of … 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
The owner of a meat processing plant who had entered into an agreement with a cattle broker to procure, feed, and slaughter cattle, filed suit in state court against the cattle broker, alleging breach of contract. The cattle broker removed the case and filed counterclaim for breach of contract, breach of implied duty of good … 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
In February, the Federal Communications Commission (FCC) issued a series of proposals designed to “unlock” the so-called “set top” boxes that television watchers currently use in order to access cable services. See, e.g., The Editorial Board, “The F.C.C. Gets Ready to Unlock the Cable Box,” The New York Times, Feb. 8, 2016. Since then, the … 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
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
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
An accounting expert witness’ declaration was at the center of a dispute arising from the federal government’s attempts to collect a $1.3 million judgment debt against a debtor pursuant to the Federal Debt Collection Procedures Act (FDCPA). They wanted to garnish the funds owed to “Development Group”—a company belonging to the Debtor. The district court … 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
Companies who engage in the building, engineering and maintenance of cell phone towers often grapple with a startling reality—that the tower climbers who are hired to do the work are involved in one of the riskiest professions. In fact, cell phone climbing has been called the “most dangerous job in America.” See, e.g. Pacific Standard, … 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
U.S. District Court Judge Lance M. Africk in the Eastern District of Louisiana recently heard a motion in limine in a maritime case filed by Defendant seeking to exclude the testimony of Plaintiff’s maritime expert regarding the requirements provided by applicable Federal Coast Guard Regulations pertaining to the operation and management of the vessel at … 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
The Eighth Circuit Court of Appeals recently heard an appeal from a district court’s denial of a motion for new trial on the basis of excluded expert evidence. A jury awarded an insured under a commercial-property insurance policy $76,000 for covered hail and wind damage to the exterior of two properties, but it found that … 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
