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
The federal government estimates that cases of Legionnaires’ disease have almost quadrupled in the past fifteen years, and nearly every case could have been prevented. See Lena H. Sun, “Legionnaires’ outbreaks: Cases nearly quadrupled in 15 years,” The Washington Post, Jun. 7, 2016. Some 5,000 people were diagnosed in the past year, and the consequences … Continued
Railroad accidents expert witnesses are experienced in railroad operations and safety. In the event of a train collision or trial derailment, they are called upon to determine how the accident occurred. In the news, two BNSF Railway Co. workers were found dead and a third remains missing after a fiery train collision outside the town of Panhandle, … Continued
Despite the fact that nearly six months remain, 2016 has already proven itself to be a record year with respect to the number of health insurance fraud claims filed. In 2015, the federal Department of Justice (DOJ) charged some 243 defendants with insurance fraud, claiming it had lost $712 million from those crimes. See Joshua … Continued
Hurricane Katrina continues to provide cause for litigation, and this case involved a claim relating to the destruction caused by the storm that hinged on the testimony of a hurricane damages expert witness. The Supreme Court of Mississippi ruled on the admissibility of the damages expert witness in an action brought by a homeowners’ association … Continued
Over the years, expert witnesses have become just as critical as attorneys in modern litigation. In light of this trend, attorneys have often asked themselves and others what to look for in the search for an ideal expert. This article addresses the relationship between experts and attorneys and offers guidance on how, through proper communication … Continued
Medical devices expert witnesses testified in multi-district litigation over pelvic mesh products made by Ethicon. Transvaginal mesh is used to treat pelvic organ prolapse and stress urinary incontinence in women. Some of these products were a contributing factor in patients developing infection, erosion of the vaginal tissues and organ perforation. American Medical Systems is also … Continued
Financial services expert witnesses may evaluate financial investments and securities transactions to determine whether financial fraud has taken place. In financial news, the SEC announced that Merrill Lynch will pay a $10 Million penalty for misleading investors in structured notes. Marketwatch.com reports that the Merrill Lynch Strategic Return Note “fell as much as 95% in … Continued
An authoritative and knowledgeable expert witness can provide the expertise to help you make a case. There are several scenarios that require an expert. One scenario is when an expert is required by law. Expert witnesses might be required by law within certain jurisdictions. In specific types of cases, such as those involving negligence or … Continued
Louisiana District Court Judge Richard L. Bourgeois, Jr. was asked to hear Defendant’s Motion to Exclude Expert Testimony in a premise liability case of the plaintiff’s safety expert witness. The judge entered a scheduling order setting the deadlines for experts, discovery, and for the filing of dispositive motions. However, the parties sought a three-month extension … Continued
An environmental expert witness has been asked to turn over her records in the San Bruno pipeline explosion. Pacific Gas and Electric told U.S. District Judge Thelton Henderson they need the past six years of documents from consultants who gathered evidence in the case against the utility company. The 2010 explosion killed eight people, injured … Continued
United States Magistrate Judge John V. Acosta recently heard a motion in a sexual harassment action by Defendants to strike the report of Plaintiffs’ rebuttal expert. Defendant argued that the report was an initial sexual harassment expert report that supported Plaintiffs’ case-in-chief. Plaintiffs asserted that the report was a proper rebuttal report that responds to … Continued
Connecticut Attorney General George Jepsen has hired a concrete expert witness in the investigation of failing concrete residential foundations in the state. Over 200 complaints have been filed with the Connecticut Department of Consumer Protection over substandard materials used by J.J. Mottes Company and Becker Construction. The concrete companies have agreed to stop selling concrete … Continued
U.S. District Judge Aleta Trauger has set deadlines in the far-reaching gender discrimination lawsuit against the University of Tennessee. At this time, eight unnamed young women have accused UT of favoring male athletes and therefore failing to follow federal antidiscrimination statutes. While accusations of favoritism for male athletes on college campuses are nothing new, these … Continued
This case arises out of the shooting of a student on campus by an unidentified shooter at a private college. Defendants moved for summary judgment under Rule 56 against Plaintiff, as well as a motion to strike the testimony of a crime prevention expert witness. Plaintiff brought action against the college and related individuals, alleging negligence … Continued
In 2014, the California Supreme Court agreed to hear an appeal from a party who alleged that the attorneys’ fees charged in a class action case used a method that was unfair and resulted in attorneys in California receiving unreasonably high fees. See Lafitte v. Robert Half International, Inc., 231 Cal. App. 4th 860, (Cal. … Continued
Plaintiff was a refrigeration contractor that installed refrigeration systems. Defendants contracted with Plaintiff to supply a refrigeration control system. However, the refrigeration control system delivered to Plaintiff didn’t work properly, and Plaintiff brought suit for breach of contract. Defendants recruited a refrigeration expert witness to testify on their behalf. At trial, Plaintiff relied on circumstantial … Continued
Computers programming experts are knowledgeable in information technology and software development and design. They are called upon to testify before a jury on technical matters such as programming language. A professor of computer science at Duke University testified as a computers expert witness for Google Inc. in the recent copyright case brought by Oracle Corp. Google prevailed … Continued
Plaintiff sued Defendant for negligence after they were involved in a car accident in Colorado. A jury found that the Defendant was not negligent, and the district court entered judgment in his favor. On appeal to the U.S. Court Of Appeals for the Tenth Circuit, Circuit Judge Carlos F. Lucero wrote in his opinion that … Continued
Employment litigation can be quite complex, and one of the more challenging aspects of such cases concerns expert witness advice and testimony. This article discusses when employment litigation expert witnesses are called for in employment disputes, what kind of experts are relevant in the field, and other related matters to offer guidance to employment law … Continued
Plaintiff and its insurer sued a packing company, alleging breach of contract and warranties. They claimed that Defendant sold raw beef trim tainted with E. coli O157:H7, which Plaintiff then used in its ground beef products. This caused several people to become ill. The jury awarded Plaintiff $9 million in damages. On appeal, Defendant argued … Continued
A product liability expert witness testified for plaintiffs in a case against BMW of North America and BMW Motorrad USA. The plaintiffs argue that their 2004 BMW motorcycle had design flaws and that the company did not furnish adequate warnings about the risk of fire. They are seeking $400K in damages as well as legal … Continued
In today’s world, it should be no surprise that many cases are won or lost on the basis of expert witness testimony. See, e.g., Matthew D. Taggart, “How to Prepare for and Manage the Depositions of Expert Witnesses,” Los Angeles Lawyer, Jul.-Aug. 2012. One of the biggest challenges for litigators may be how to best … Continued
Copyright Experts will testify in the Central District of California infringement case over the Led Zeppelin recording Stairway to Heaven. The family of Randy Craig Wolfe alleges the rock band writers took part of the instrumental recording Taurus and used it in Stairway. Released in 1971 by Zeppelin, the song has produced millions of dollars of … Continued
The U.S. District Court for the Eastern District of Louisiana heard arguments on a Motion in Limine filed by Plaintiff Franchise Services and an opposition filed by Defendant Café, which owns a restaurant concept and authorizes locations with franchise agreements. Plaintiff and Defendant entered into the “Area Development Agreement” (“ADA”) in 2007, pursuant to which … Continued
U.S. District Court Judge Amul R. Thapar in the Eastern District of Kentucky asked these questions when ruling in a recent case dealing with expert testimony: How should one attach a toilet seat to a toilet bowl? Is a plastic bolt sufficient to do the job? Or is a metal bolt the way to go? … Continued
When an employee acts as a whistleblower and is fired shortly thereafter, the former employee can make a wrongful termination claim against his or her employer. Former tourism director did just that when she sued the Tahlequah Area (Oklahoma) Chamber of Commerce and the former Executive Director. Plaintiff alleges she was fired for revealing that … Continued
What areas may a financial expert witness consult on? Financial experts may provide insight and testify in cases involving investments, financial valuation, securities, trading, and fraud examination. Goldman Sachs Group Inc. is in the news after agreeing to pay over $5B in connection with its sale of residential mortgage backed securities. Justice Department Acting Associate … Continued
In a Wisconsin lawsuit, Plaintiffs sued their former attorneys and accountants for professional malpractice, but they filed their expert witness disclosure after the discovery deadline. Plaintiffs moved for an expert witness disclosure deadline extension, but the district court denied the motion and disallowed the expert. Absent of a legal malpractice expert witness, Plaintiffs couldn’t prove their … Continued
Automotive engineering expert witnesses are knowledgeable regarding the overall design and proper functionality of automotive vehicles. They have expertise in automotive electrical systems which may fail due to faulty design or manufacturing issues. In the news, Daimler Trucks North America is recalling almost 9,000 2015-2016 Freightliner Cascadia trucks due to possible overheated electrical connections which … Continued
A female school custodian employed by a community school brought claims for violation of the Americans with Disabilities Act (ADA) and retaliatory harassment and discrimination, as well as other state-law claims, alleging that she was sexually assaulted by a co-worker. The Defendant filed a motion for summary judgment, to forgo a full trial, and motion … Continued
The case before U.S. Magistrate Judge Cam Ferenbach in the District of Nevada involved the Equal Employment Opportunity Commission’s (EEOC) age discrimination action against the defendant employer. In support of its motion for summary judgment, Defendant cited to the testimony of its rebuttal expert. The EEOC moved to strike Defendant’s expert testimony, claiming that the … Continued
Introduction: In the December 2015 Verbatim short, “Expert Witness,” director Brett Weiner makes an important point about expert witnesses in the context of accident reconstruction litigation. “Verbartim” short films use actual courtroom transcripts to make certain arguements. See Brett Weiner, “Verbatim: Expert Witness,” The New York Times, (2015)[1]; This article addresses accident reconstruction cases and … Continued
The expert witness offers litigation support services to further assist lawyers and their clients in preparation for trial. Hiring an expert in the early stages of a lawsuit helps place the attorney in an excellent position to present their client’s case. In court, the expert is able to shed light on the issues of the … Continued
Undoubtedly, the knowledge that an expert witness has and conveys during testimony has a direct relationship to an expert’s credibility with juries. However, an expert’s level of knowledge does not, in itself, necessarily correlate with credibility. In fact, some jurors have reported feeling alienated by some experts who seem to be so-called “hired guns.” This … Continued
Trying a race discrimination case can be challenging for attorneys and experts. Much of the success of these cases turns on discrimination expert witness opinions and testimony, and savvy litigators should pay attention to what prominent experts have to say on the matter in terms of guidance. This article examines a well-known expert’s opinions and … Continued
From the 1920s through 1993, a Defendant Oil Company engaged in oil and gas operations in New Mexico. Environmental contamination from these operations was discovered much later, and 200+ residents of the contaminated area brought a toxic tort action for personal injury damages that included systemic lupus erythematosus and other autoimmune disorders. The Plaintiffs alleged … Continued
Introduction: Determining who pays for an expert witness’s deposition in federal court can be baffling. While some jurisdictions, like California, set out specific rules for such matters, the Federal Rules of Civil Procedure (FRCP) are much more vague on this issue. Accordingly, questions may routinely arise. This article addresses frequently asked questions regarding payment for … Continued
In U.S. District Court, N.D. Illinois, U.S. Magistrate Judge Sidney I. Schenkier heard the motion to strike the expert disclosure of the CEO of the Defendant company. The Plaintiffs argued that the expert was a “retained or specially employed” expert governed by the disclosure regulations of Federal Rule of Civil Procedure 26(a)(2)(B) and improperly filed his … Continued
PASADENA, Calif. (March 30, 2016) – The readers of the National Law Journal have voted ForensisGroup as the best Expert Witness Provider in 2016. The National Law Journal is regarded as a trusted resource for attorneys and legal professionals working in the industry, making this vote one of the more prestigious honors granted within the … Continued
Should you hire an expert witness or a consulting expert? Why do some attorneys hire both a consultant and an expert witness? Distinguishing between these two types of experts at an early date in time would work as a major advantage for your case, since each individual serves a very specific function. A consulting expert … Continued
Expert witnesses have become an indispensable part of litigation. In California, it can be confusing to determine which party is responsible for paying an expert witness’s fees when a deposition is taken. This article answers frequently asked questions about billing for expert depositions and who handles the costs. The following FAQs are answered below with … Continued
A patentee which was the manufacturer of loading dock devices brought suit against its competitor, alleging it infringed on its patented ornamental design of a lip and hinge plate for a dock leveler. At the center of this case was the amount of damages or lost profits suffered by the patentee. Patentee argued that the … Continued
Plaintiffs lived in Illinois, where they owned several restaurant franchises, and also bred horses. In 1985, they purchased a horse farm in Tennessee, where they entered into an oral agreement with a horse trainer to train their Tennessee Walking Horses and manage their farm. Plaintiffs founded LSA, an S-corporation, as a horse-breeding operation. By 1999, … Continued
Food Safety Law: Major Corporations Food safety litigation is on the rise, with some major corporations being potentially held accountable in ways that were previously unheard of. This article examines the trends in food safety litigation, in terms of the direction it is headed and what kinds of experts may be needed to address new … Continued
Expert witnesses retained on Federal cases are required to submit a written expert report. Attorneys must be aware of the expert report requirements, as well as the deadline for the report. It is important, however, to keep in mind that requirements for expert reports may differ between each jurisdiction. Even though each jurisdiction may have … Continued
The Federal Trade Commission (FTC) brought an action against a corporation and several of its executives—including the company’s former president—seeking injunctive and monetary equitable relief for misleading and unfair business practices surfacing from its website marketing under § 5(a) of the FTC Act. The FTC settled with two of three individual defendants, but one executive … Continued
ForensisGroup congratulates Niria Avizu, Esq. for accepting an award from the San Gabriel Valley Bar Association (SGVBA) for her excellent service during her presidency in 2015. She accepted the award at SGVBA’s Spring Meeting on March 4, 2016 at the Almansor Court in Alhambra, California. Niria Avizu, Esq., is the past president of the San Gabriel … Continued
In today’s world, there are many expert witnesses to choose from, and many techniques that attorneys adopt to draw jurors in and make their experts likable. Jim McElhaney, the Baker & Hostetler Distinguished Scholar in Trial Practice and Joseph C. Hostetler Professor Emeritus of Trial Practice and Advocacy at Case Western Reserve University’s School of … Continued
The New York Appellate Division heard an appeal by the defendant in a chiropractic malpractice lawsuit. The issue on appeal was whether an expert witness in one medical specialty may offer an opinion involving a different specialty—provided that the expert’s opinion is related solely to the issue of proximate cause within the expert’s own specialty … Continued
A car repair shop owner sued a dealership, its attorney, and law firm, asserting claims for violation of RICO and § 1981. The auto repair expert claimed that dealership allegedly threatened to prevent him from testifying as an expert witness for his customers in their action against the dealership. The dealership retaliated by refusing to … Continued
Part I: Illinois Supreme Court paves the way to Challenge Eyewitness Identification with Experts: Implications for Civil Litigation In January, the Illinois Supreme Court took a monumental step forward in allowing expert witness evidence to be considered a viable challenge to eyewitness identification. See, e.g., Karen Daniel, “Illinois embraces eyewitness expert testimony,” Center on Wrongful Convictions, Bluhm Law Clinic, Northwestern … Continued
The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony in federal court. The Daubert standard came about from the U.S. Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). The Daubert is a guideline for expert admissibility for federal cases, but many states also adopted the Daubert. An Expert’s Testimony or expert’s report can be … Continued
Recently, there has been a noticeable increase in the use of expert witnesses to resolve business disputes over franchising. See, e.g., Philip F. Zeidman, “The Rise of the Expert Witness,” Franchise Times, Jan. 2016. This trend seems likely to continue, and it is one that franchisers, franchisees, and their attorneys should take note of. This … Continued
In a recent case, a plaintiff claimed that his former employer discriminated against him under the Americans with Disabilities Act (ADA). The employer required him, and all the company’s truck drivers with a body mass index (“BMI”) of 33 or above to take a sleep study in continuation to work for the company. However, the … Continued
A property owner appealed after the Department of Transportation assessed the damages at $125,000 after taking the property for automotive-related services. After a hearing, the Superior Court reassessed damages as $243,840, and the property owner appealed. The primary issue was whether the trial court erred in reevaluating the amount of damages to which Property Owner … Continued
When attorneys retain an expert witness, many factors must be considered to ensure that the expert’s abilities are maximized before a court. The direct examination of retained experts provides lawyers with a critical opportunity to make their experts’ qualifications clear to a jury. This article discusses some techniques that practitioners may wish to use during … Continued
A product-liability case stemmed from an accident where Plaintiff, a coal miner, sustained injuries to his left hand while using the Defendant’s equipment (a roof bolter). Plaintiff claimed that the injury occurred because he was holding onto the handle of the roof bolter which extended his hand beyond the roof and outside the protective operator … Continued
Utilizing expert witnesses, as well as challenging the opinions of opposing experts, is one of the essential functions of today’s litigator. This article addresses the issue of uncovering expert witness bias using different techniques that are base upon theories of varying degrees of truthfulness. As skilled practitioners have noted, it is important for attorneys to … Continued
In a recent case in Alabama, the Defendant tried to exclude the opinion of a medical expert witness by stating that the expert cannot prove causation. The psychiatrist expert witness was able to withstand the challenge because of his qualifications, use of reliable methods, and his ability to provide sufficient evidence. The Plaintiff developed a … Continued
In a civil action following remand from the District Court of Appeal, the Circuit Court of St. Lucie County in Florida determined that the deposition responses of the defendant’s medical expert witness were inconsistent with his interrogatory answers. As a result, the Circuit Court granted the production of the expert’s financial records and business records. … Continued
When attorneys retain an expert witness, many factors must be considered to ensure that the expert’s abilities are maximized before a court. The direct examination of friendly experts provides lawyers with a critical opportunity to make their experts’ qualifications clear to a jury. This article discusses some techniques that practitioners may wish to use during … Continued
In a recent case, Plaintiff sued a Cruise Line after sustaining head injury while swimming in a pool aboard a cruise ship. The plaintiff did not have a cruise expert witness for his case to testify on the standard of care for pool maintenance of a cruise ship. Plaintiff appealed for summary judgment in a maritime … Continued
Happy Friday! The staff at ForensisGroup would like to wish the children and families over at Hillsides a warm and happy holiday. We are extremely fortunate and grateful to be part of Hillside’s Holiday Giving bringing magic and joy to families around the holidays. ForensisGroup continues to contribute our support with Hillsides for over a … Continued
This case, stemming from an auto accident involving a country’s reserve deputy, was heard on appeal to the Missouri Court of Appeals following a jury verdict against the County. The County brought five points on appeal, one of which concerned the admission of an expert witness testimony. The County’s retained expert witness was being called … Continued
A patent owner recently brought an infringement lawsuit against alleged infringers in the U.S. District Court for the Eastern District of Virginia. The claim was direct infringement of its patent for a specific method of authenticating mobile station users to access private data by sending text messages to a private server. Defendants, who were banking … Continued
A bank brought a legal malpractice claim against its former law for its representation in a negligence suit against an accounting firm (CPA) that performed auditing services. The underlying lawsuit alleged the CPA negligently audited the financial statements of one of the bank’s clients. The bank didn’t foreclose on the client’s loans based on CPA’s … Continued
The Appellate Court of Connecticut recently heard the appeal of a title insurance company against insured developers. The case involves over the insurance company’s obligations under the policy to compensate the developers for the borough’s claimed ownership of 30-foot wide discontinued road. Defendants purchased the subject property for $6 million, which had been the beachfront … Continued
ForensisGroup, Inc is proud to be the Student Sponsor at the The Trademark Trial & Appeal Board Event located at Loyola Law School on November 13th, 2015. The Los Angeles Intellectual Property Law Association (www.laipla.net) is the hosting the event for attorneys and law students in Southern California. The event hearing was preceded by a question-and-answer session with the esteemed panel, … Continued
Expert witnesses play an indispensable role in litigation, regardless of what side a party is on. Accordingly, it is important to know the ins and outs of challenging expert testimony. This article answers basic questions and provides practitioners with a guide on how to best challenge expert testimony in federal court.
Can an expert witness be excluded for failure to submit a complete list of publications on time for the expert report? The judge says it depends on whether or not it creates potential prejudice to the other party. An animal trap manufacturer brought a declaratory judgment action against a patent holder, seeking a finding of … Continued
A DC-area concert promoter brought action under Sherman Act and the Maryland Antitrust Act, alleging that the Defendant, a global promoter, unreasonably restrained trade by exercising its market and monopoly power in the promotion and venue services markets. Defendant moved to exclude plaintiff’s expert testimony and his findings.
When the World Health Organization (WHO) released its report on Monday that cited red meats and processed meats as carcinogenic, it may not have anticipated the global response. Doctors, scientists, the meat industry, and the public have all reacted to this news in different ways. Given the WHO’s decades of research and the implications that … Continued
ForensisGroup’s President, Ms. Mercy Tolentino Steenwyk, recently participated in the Youth Business Alliance (YBA) as a Guest Speaker. She shared her valuable skills and knowledge with a group of students from Alliance Ouchi High School and Alliance Collins High School as part of the “Business & Careers” program. As the CEO of ForensisGroup, Ms. Steenwyk … Continued
New York may be one of the most difficult states for attorneys to comprehend in terms of which standard applies with respect to the admissibility of New York expert testimony. Because the federal and state circuits have separate standards in New York, practitioners may encounter confusion when engaged in litigation. This article discusses New York’s … Continued
ForensisGroup, Inc has been named THE BEST EXPERT WITNESS PROVIDER in The Recorder’s 2015 poll! We would like to thank The Recorder (http://www.therecorder.com/) and everyone who cast their vote! We work hard at providing excellent services to each of our clients and are pleased to know that our efforts have been recognized in such a great … Continued
A manufacturer appealed in a patent infringement case in the U.S. District Court for the Eastern District of Pennsylvania because the trial court granted a summary judgment of non-infringement and denied the plaintiff’s motion to strike the defendant’s IP expert declaration. The plaintiff did not have the chance to depose the defendant’s expert.
In September, the House Committee on Oversight and Reform, led by two government officials, began investigating one pharmaceutical company’s drug pricing policies. The investigation has led to requests to subpoena the company’s CEO and to force that person to testify before the government about allegedly significant price increases in two drugs that are commonly used … Continued
Recently, litigation against a manufacturer of genetically-modified corn has been drawing nationwide attention. Over 20 states are already involved in lawsuits, and industry estimates place plaintiff damages at $2.9 billion. Tim Landis, “Lawsuits pile up nationwide in case of genetically modified corn,” The State Journal-Register, Sep. 21, 2015. This article explores the litigation and emphasizes … Continued
A fire as a result of lightning destroyed a home in Missouri. The homeowners’ insurer reimbursed them for their loss, received an assignment of their rights, and filed a diversity products liability action against a manufacturer of corrugated stainless steel tubing (“CSST”) that brought propane gas from an underground storage tank into the home. Both … Continued
The Plaintiff brought a defamation action against a Defendant for publication of numerous defamatory statements. One of the Plaintiff’s experts was the executive director of another charity.
After a public bid process, a Contractor and the City entered into an agreement for a road improvement project. The City was to have the right of way cleared and started securing the removal or relocation of utility lines that might interfere with the project. The lines were to be removed or relocated prior to … Continued
Introduction: Recently, the Obama Administration seemed to give unconditional approval to one oil company’s request to drill in the Arctic region, with exploratory operations originally scheduled to begin this summer. However, as many experts from members of regulatory agencies to oil and gas expert witnesses in the industry have pointed out, any company that wishes … Continued
Introduction: When the Obama Administration recently gave its approval for a round of drilling by a petroleum company in the Arctic region, many members of the media thought that the results would be a foregone conclusion. Upon further review, however, this hardly seems the case, and the legal issues and hurdles that drilling in the … Continued
A Taiwanese auto body parts company (“Manufacturer”) was an early entrant into the U.S. market for replacement truck hoods, with very little competition from only a few other Taiwanese manufacturers. Some of whom participated in joint ventures with Manufacturer. Competitor entered the market for replacement hoods but found that it could not match the prices … Continued
A judge’s decision to delay expert testimony until the second phase of a bifurcated trial was not an abuse of discretion in a suit brought by the insured homeowners against the insurer. The insured claimed breach of contract, failure to adjust claim, bad faith refusal to pay insureds under homeowners’ policy, and violations of Tennessee … Continued
Introduction: In order to determine whether or not an expert opinion will be deemed admissible in Texas, attorneys should be guided by the Daubert-Robinson Doctrine, as well as the Texas Rules of Evidence (TRE). The Daubert-Robinson Rule combines the United States Supreme Court’s guidelines in Daubert with a broadened set of rules set out in … Continued
Introduction: Although the landmark United States Supreme Court case of Daubert v. Merell Dow Pharmaceuticals created a set of guidelines for when and how to admit expert testimony in many cases, standards for admissibility vary from state to state. See generally Daubert, 509 U.S. 579 (1993). In Texas, practitioners should be guided by the Texas … Continued
Introduction: Until a few years ago, the California Supreme Court made it clear that in cases involving questions about an expert witness’s credibility, the federal rule articulated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) was not followed in California. However, after its recent decision in Sargon Enterprises, Inc. v. University of Southern California, 55 Cal. … Continued
The Plaintiff in the following case was a Canadian dealer of a Wisconsin dairy manufacturer’s equipment for 20 years. He claimed that the Manufacturer forced him to sell his dealership to a neighboring dealer at a below-market price. The jury agreed and awarded Plaintiff $471,124 in damages and Manufacturer appealed. Dealers were assigned territories with … Continued
Introduction: 2014 was a record year for the automotive industry in terms of the number of recalls and the amount of penalties that the federal government has assessed on automakers. See, e.g., Wilson Andrews & Gregor Aisch, “A Record Year for Auto Recalls,” The New York Times, Dec. 30, 2014. However, 2015 promises to be … Continued
Slip and fall cases with an allegedly dangerous or defective surface frequently involve the surface’s coefficient of friction (COF) or “the degree of slip resistance.” The higher the COF, the less slippery the surface will be. Evidence concerning a surface’s COF is typically presented by expert witnesses. The expert will opine on the appropriate COF … Continued
The parents of a 14-year-old special needs student brought an action against a local school district, claiming it failed to provide a free appropriate public education (FAPE) in violation of the Individuals with Disabilities Education Act (IDEA). The parents claimed that the District refused to place the student (JN) in an educational program recommended by … Continued
Introduction: In October of 2014, a co-pilot’s mistake led to the crash of a tourist space plane, which the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA) subsequently investigated. Recently, the results of those investigations were made public, causing much speculation among aerospace and aviation expert witnesses, as well as giving rise to … Continued
A Chapter 7 debtor sought a ruling that his $260,000 in federally-guaranteed student loans were dischargeable. In his appeal, he claimed that the lower courts erred in not admitting his experts. The Debtor was 56 years old and lived with his 85-year-old mother, subsisting on her Social Security. He was divorced with no children and … Continued
Introduction: According to the California Code of Civil Procedure (CCP), certain procedures exist for the exchange of expert witness information during a lawsuit. See CCP §§ 2034.010-2034.730. This article discusses those procedures and offers guidance to attorneys, supplied by the Continuing Education of the Bar California organization (CEB). CEB, “How to Guide: How to Exchange … Continued
This is what the Seventh Circuit U.S. Court of Appeals recently held in a case where the plaintiff tried to admit his treating physician as an expert to testify regarding the specific cause of his injuries. The doctor, although a specialist in pulmonology, a subspecialty of internal medicine concerned with diseases of the lungs and … Continued
A contract dispute between a financial advisory firm and a medical device developer was submitted to an arbitration presided over by an independent International Chamber of Commerce (“ICC”) arbitrator. A final arbitration award was issued in favor of the medical device developer. The financial advisory firm petitioned to vacate the arbitration award and the medical … Continued
Introduction: Last month, a number of flight attendants filed suit against an airline manufacturer, alleging that toxic fumes from the plane’s exhaust air-conditioning system were released and caused each of the litigants to experience immediate and longer-term health problems. In the midst of this litigation, various toxicity experts have begun to weigh in on the … Continued
