Copyright Infringement for Popular Video Game?

copyright infringement expert

Court proceedings have begun in the copyright infringement lawsuit PUBG Corporation et al v. NetEase, Inc. et al. The U.S. District Court, California Northern District case 4:18-CV-02010 is assigned to Judge Jeffrey White in Oakland. Headquartered in Korea, PUBG is a privately held company founded in 2009. PUBG alleges that the defendant copied ideas from the … Continued


Court proceedings have begun in the copyright infringement lawsuit PUBG Corporation et al v. NetEase, Inc. et al. The U.S. District Court, California Northern District case 4:18-CV-02010 is assigned to Judge Jeffrey White in Oakland. Headquartered in Korea, PUBG is a privately held company founded in 2009. PUBG alleges that the defendant copied ideas from the … Continued


Could a Hoyer Lift Prevent Accidents?

Hoyer Lift Expert

A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued


Could a Hoyer Lift Help Prevent Accidents?

A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued


Is Coffee a Carcinogen?

coffee expert

Introduction: In 1986, California residents voted for Proposition 65, a measure intended to address the risk of exposure to toxic chemicals. See, e.g., California Office of Environmental Health Hazard Assessment (OEHHA), “Proposition 65 in Plain Language,” Feb. 1, 2013, at https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language. Proposition 65, which is also known as the state’s Safe Drinking Water and Toxic Enforcement … Continued


Did a Failed Inspection Cause Roller Coaster Derailment?

Roller Coaster Expert

The June 14, 2018, Sand Blaster roller coaster derailment sent two people seventeen feet down to the ground and left other riders dangling or stuck on the roller coaster until they were rescued by firefighters. Florida inspectors and independent engineers reported that excessive speed and damage to the track and axle systems were the chief … Continued


Antitrust Litigation: What to Consider

Antitrust Litigation Experts

Introduction: In September of 2017, Makan Delrahim became the top official in the antitrust division of the U.S. Department of Justice (DOJ), and his role as deputy assistant attorney general has generated a great deal of discussion in the antitrust community as to what direction his leadership might take. See, e.g., Dee Bansal, et al., … Continued


Handwriting Expert Critical in Dispute

Handwriting Expert

A handwriting expert was a crucial witness in an action brought by the personal representative of the estate who sought to set aside a deed purportedly signed by her deceased father. The deed purported to convey property from the decedent to his son, the defendant. The decedent’s daughter, the plaintiff, claimed that the son forged … Continued


Hurricane Litigation: A Legal Storm is Brewing

Introduction: Katrina, Ike, Maria, Harvey: In the past several years, hurricanes have caused untold damage to entire cities and even geographic regions. The most recent such storm in the United States, Hurricane Florence, is considered extremely dangerous and is heading towards North Carolina and 300 miles of coastal areas. See, e.g., Jason Hanna, et al., … Continued


Accounting Expert in Case Against Gift Card Company

Accounting Expert

A plaintiff and the State of Delaware brought suit under the state’s False Claims and Reporting Act, alleging that the defendant gift card services company, its successor-in-interest, and several retailer parties entered into a contractual scheme designed to deprive Delaware of millions of dollars in unclaimed gift card balances to which it was lawfully entitled under … Continued


A Truck Accident Calls Training Into Question

Truck accident expert

An Upshur County, TX, jury awarded $101M to Joshua Patterson as a result of being hit from behind by an FTS International Manufacturing truck. The semi-truck driver, Bill Acker, was found to be under the influence of marijuana and methamphetamines while driving the FTS truck. Acker was also on probation with the trucking company for being involved in … Continued


Liability for Digital Currency Theft

Bitcoin Expert

  Introduction: On August 15, a major Bitcoin investor filed a lawsuit for $224 million because his cryptocurrency had been stolen, and he argued that telecommunications giant AT&T was at fault for fraud and gross negligence in connection with the theft. See, e.g., Gertrude Chavez-Dreyfuss, “U.S. investor sues AT&T for $224 million over loss of … Continued


Power Line Injury Sparks Expert Dilemma

Power Line expert

A defendant, an underground power line locator company, brought a motion to exclude a plaintiff’s rebuttal expert in a negligence action where plaintiff alleged that the defendant failed to locate and mark an underground power line. Plaintiff struck the unmarked power line with a shovel and suffered injuries. Defendant argued Plaintiff’s rebuttal expert should have … Continued


Stock Option Lawsuit Sparks Controversy

Stock option expert

Introduction: On August 14, a group of Tinder founders, employees, and executives filed suit against the dating application’s parent and subsidiary companies. See, e.g., Dave Simpson, “Tinder Founders Sue Match For $2B Over Stock Options,” Law360, Aug. 14, 2018, at https://www.law360.com/articles/1073180/tinder-founders-sue-match-for-2b-over-stock-options. The case was brought in New York state court and alleges that two companies, IAC … Continued


A Supreme Court Decision: E-commerce & Taxation

E-commerce

Introduction: In 1992, the U.S. Supreme Court held that in order to require a business to levy a particular state’s sales tax on consumers, that business must have a “physical presence” in the state in question. See, e.g., Michael J. Bologna, “State of Wayfair: Tax Groups to Hold Huddle on High Court Ruling(1),” Bloomberg. Jul. 30, … Continued


Lack of Warning Label Leads to Crane Accident

Crane Accident

A crane accident in Mississippi left an operator physically and mentally incapacitated. His wife sued the crane manufacturer under Mississippi’s products liability statute. After a lengthy trial, a jury found that the manufacturer failed to warn crane operators that if the crane tips over, large weights stacked on the rear of the crane can slide … Continued


Asbestos in Baby Powder Leads to Suit

Asbestos expert

Introduction: On July 12, a St. Louis jury awarded a group of women and their families almost $4.7 billion in damages in a product liability case. See, e.g., Associated Press, “Nearly $4.7 awarded in Johnson & Johnson baby powder lawsuit,” reprinted in Chicago Tribune, Jul. 13, 2018. The litigation involved allegations that baby powder sold … Continued


Standing in Data Breach Cases & Expert Witnesses

Data Breach Experts

Introduction: Lawsuits alleging injuries from data breaches within businesses are increasingly common in the digital age, and 2018 has seen a host of such cases. See, e.g., Joseph Lazzarotti, et al., “California May Lower The Standing Threshold in Data Breach Litigation,” Lexology, Jul. 11, 2018, at https://www.lexology.com/library/detail.aspx?g=2bbb37f5-2c8e-4d01-ae4a-2301c1ca3447 (last visited Aug. 1, 2018). Federal and state … Continued


Duck Boat Tragedy in Missouri

Duck Boat

The National Transportation Safety Board and Coast Guard are investigating the duck boat tragedy that claimed seventeen liveson Table Rock Lake in Missouri. The Ride the Ducks craft capsized and sank in a storm on July 19, 2018. Investigators are looking into what caused the accident, including the weather, life jackets, as well as the mechanics … Continued


The NFL Players Association Grievance & Expert Witnesses

Football League Experts

Introduction: On July 10, the National Football League Players Association (NFLPA, Players Association) filed a grievance that challenged the League’s (NFL’s) recently-enacted policy of disallowing players from protesting the national anthem in a public manner. See, e.g., John Delcos, “NFL And Players Association Expected to Battle Over Anthem Issue,” Forbes, Jul. 10, 2018. The NFLPA … Continued


Diner Contracts Salmonella

Salmonella expert

New Hampshire’s Supreme Court has upheld a $750K jury award for restaurant patron Brandon Stachulski who got sick after eating a hamburger at an Applebee’s restaurant and contracted salmonella. Stachulski’s complaint described him as incurring permanent gastrointestinal problems. Apple New England, which owns the restaurant, filed an appeal in 2017 saying there was insufficient evidence … Continued


An Oil Spill in Iowa Due to Train Derailment

Oil Spill

On June 22, 2018, 32 oil tanker train cars from Alberta, Canada, derailed in the northwest corner of Iowa and dumped an estimated 230,000 gallons of crude oil into floodwaters. The train was carrying ConocoPhillips oil to Oklahoma. No one was hurt in the accident. The new and retrofitted oil tanker cars were designed to … Continued


Judge Rules on Experts in Roundup Cancer Case

Admissibility Experts

Judge Vince Chhabria recently rendered a ruling on the admissibility of expert witnesses in the products liability cases against Monsanto, the makers of Roundup®, which the plaintiffs claim can cause non-Hodgkin’s lymphoma. The lawsuits allege that glyphosate, the herbicide in Roundup, can cause non-Hodgkin’s lymphoma, and that Monsanto failed to warn consumers or regulators about … Continued


A Recent Supreme Court Ruling & the Future of Unions

Union Experts

Introduction: On June twenty-seventh, the United States Supreme Court handed down a 5-4 decision that affects the rights of unions and government employees, and its decision was highly controversial. See, e.g., Eli Lehrer & David Rolf, “A conservative and a liberal agree: Unions must change after Supreme Court blow on Janus,” USA Today, Jul. 3, … Continued


Warehouse Workers Strike Against Low Wages

Minimum Wage

Trucking, warehousing, and logistics company California Cartage LLC Company will pay up to $1.9M as a result of wage and hour violations at the company’s Los Angeles storage facility. Warehouse workers filed a lawsuit in 2014 and 2016 alleging that California Cartage violated the state’s minimum wage law, the city’s “living wage” statute and retaliation for … Continued


Trademark Infringement Case: A Battle for “Sports Fuel”

Trademark Infringement Experts

Chicago U.S. District Judge Matthew Kennelly has ruled that Gatorade did not engage in trademark infringement against SportFuel. SportFuel.com describes the company as “an integrative nutrition consulting firm based in the Chicagoland area.” The company name was registered with the USPTO in 2008. SportFuel sought to stop Gatorade from using the “Sports Fuel” name as … Continued


Copyright Law & Web Content: Protections & Guidelines

Copyright Experts

Introduction: In the digital age, everything from photographs to recipes can be found online, and people regularly download, use, and share web content. Web-based publications, such as blogs and articles often have certain intellectual property (IP) protections under federal law. See, e.g., Dr. Jean Murray, “How to Copyright a Website to Protect It,” The Balance … Continued


Mergers & Acquisitions: A Recent Ruling Demonstrates the Need for Experts

Mergers & Acquisitions Experts

Introduction: Telecommunications giant AT&T and multimedia entity Time-Warner have contemplated an $85 billion merger for some time, and the deadline for completing the merger was June twenty-first of this year. See, e.g., Marcy Gordon, “AT&T merger with Time-Warner Ok’d by judge,” Chicago Sun-Times, Jun. 12, 2018. The Department of Justice (DOJ) instituted litigation to block … Continued


Class Certification & Expert Witnesses: Recent Trends

Class Certification

Introduction: In the first half of this year, countless groups have sought permission to litigate as members of a class action in legal proceedings, from product liability cases to employment discrimination claims. See, e.g., In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered May 24, 2018); See, e.g., Michelle Chen, “The … Continued


Safety Concerns Ignored in Helicopter Crash

Cockpit helicopter - Instruments panel. Interior of helicopter control dashboard, Heli on the ground.

KOMO-TV, Helicopters Inc, and the estate of the Seattle’s television station’s late pilot will pay $40M to two men who were injured when a news helicopter plummeted off the station’s rooftop in 2014 and crashed into the plaintiff’s cars. Guillermo Sanchez and Richard Newman alleged that KOMO and Helicopters Inc. ignored safety concerns about landing … Continued


Ethical Issues for Attorneys & Expert Witnesses

Attorney working in courtroom

Introduction: Expert witnesses have become indispensable to modern litigators: from providing key testimony in major cases involving mergers and acquisitions to guiding municipal regulators on environmental standards, their presence and specialization may be the key to achieving desired results. Attorneys should be familiar with professional and ethical rules that govern interactions between lawyers and experts. … Continued


Cannabis: Legalization, Legislation, & Civil Litigation

Cannabis Legalization Expert

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


Court Considers Reasonableness of Expert Fees in Workers’ Compensation Case

Expert Fees

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


Potential Changes to the Standards of Expert Testimony in Florida

Standards of Expert Witnesses

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


Federal Judge Asked to Dismiss Copyright Infringement Case

Copyright Infringement Experts

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


Federal Preemption Raised in Admission of Railroad Liability Expert’s Opinion on “Spillover Electricity”

Railroad with electric power

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


Can an Environmental Engineer be a Non-Reporting Expert on Some Issues and a Reporting Expert on Others?

Judge gavel with Justice lawyers, Businessman in suit or lawyer working on a documents. Legal law, advice and justice concept

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


Pharmacology Experts Vital in Johnson & Johnson Talc Lawsuit

Talcum powder on hand

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


Immigration Litigation in California: The Issues

US passport and legal gavel on a copy of the US Constitution signifying immigration litigation

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


Increasing UAV Accidents Call For Drones Expert Witnesses

Drone is taking off from man hands. Young man releasing aerial copter to fly with small digital camera.

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


Sports Betting ,The Supreme Court, & Legal Implications

Sports Betting Experts

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


Artificial Intelligence & The Law: Pros and Cons

3d rendering artificial intelligence brain or ai brain

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


Military Expert’s Opinion Scrutinized in Cases Concerning Bolivian Conflict

operator stands with arms and looks forward

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


Patent Eligibility Confusion & the Need for Experts

Intellectual Property Patented stamp illustration

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


Can an Expert be Replaced if He’s Unavailable for Trial?

Two Forensic Pathology Experts Having Meeting In Hospital Reception Area

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


Maryland Court of Appeals Explains “Disclosure” under Rule 5-703(b)

Inside Court of Appeals with a Lawyer

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


California Groundwater: Regulations, Legal Issues, & Experts

Agricultural irrigation system with a well of water, for the cultivation of corn and beet during the summer.

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


Computer Forensics Expert Critical to Waymo’s Settlement

Hands on Computer Analyzing Computer Data

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


The Florida School Shooting & 3 Potential Legal Implications

School back pack with handgun, school shooting concept

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


A Guide for Bankruptcy Litigators in Using & Challenging Expert Witnesses

Bankruptcy Law Experts

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


Former White Sox Player Sues Team for Negligence

Closeup low section of a baseball player injured

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


CPA Not an “Expert” in Financial Fraud Case

Financial Fraud

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


Largest and Most Complex Automotive Recall in U.S. History

Car Recall Maintenance. Automotive Recall Concept. Technician Preparing Vehicle For the Repair.

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


Medical Negligence Case: Patient Receives Infection After Oral Surgery

Oral Surgery Experts

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


Drone Incidents and Near-Misses at Airports

Drone equipped with camera flying in the air

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


The Digital Pill Presents Privacy Issues

Chip on pill with medicine box.

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


Arizona Supreme Court Explains Application of Rule of Evidence 615 to Expert Witnesses in Med Mal Case

Rule of evidence 615 experts

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


A History of Expert Witnesses in Federal Courts

Black and White of Expert Witness in Federal Courtroom

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


Pharmaceutical Industry Regulatory Expert Disqualified due to Confidential Information

Pharmaceutical industry regulatory expert witnesses

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


Influencer Marketing, Legalities, & Expert Witnesses

Influencer Marketing Experts

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


Poor Product Factors That Lead to Product Safety Lawsuits

Product Safety Expert

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


When & Why Expert Witnesses Are Needed

Expert Witnesses

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


Wastewater Contamination Calls for Environmental Engineering Expert

Environmental Engineering

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


Ninth Circuit Reverses Decision to Exclude Police Practices Expert Testimony

Police Practices

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


Ethical Issues in an Attorney-Expert Witness Relationship

Expert Witness and Attorney

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


New Class Action Litigation Involving a Nutrition Company

Class Action Expert Witnesses

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


Defamation and Food Products: A Settlement of Note

Defamation

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


Motion to Strike Legal Expert’s Testimony on Insurance Coverage Denied

Legal Expert

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


ForensisGroup’s CEO featured in Philippine News

Photo by Lydia V. Solis

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


Patents in the Gaming Industry & Process-Based Patents

Process-Based Patents

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


Environmental Lawsuit: Compensation for Environmental Contamination

Environmental Contamination Experts

Attorney General Bob Ferguson filed an environmental lawsuit against an agricultural company in King County (WA) Superior Court. The lawsuit seeks damages and cleanup costs associated with the polychlorinated PCB contamination in Washington from biphenyls (PCBs) that the company produced for decades. The AG office states: The agricultural company was the only U.S. company to … Continued


Age Discrimination Expert Testimony Can Be Crucial

Age Discrimination Experts

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


Credit Card Industry Expert’s Qualifications Questioned by Federal Judge in Michigan

Credit Card Industry Expert

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


Music Law Litigation and Expert Witnesses

Music Law Experts

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


Expert Witness Fees: Billing Increments

Expert witness billing increment

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


Self-Driving Tech Company in Trial for Trade Secret Theft

Patent Expert

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


Gastroenterology Expert Used to Support Acne Drug Litigation

Gastroenterology

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


Bitcoin & Cryptocurrencies: Legal Issues & Expert Witnesses

Bitcoin

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


Expert Testimony at the Center of Insurance Sales Dispute

Life Insurance

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


The Legality and Gravity of Price Fixing

Fixed Price

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


Wage and Hour Case: Employees Not Paid Overtime Wages

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


Litigation Trends in the ADA and Web Content

Americans With Disabilities Act (ADA)

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


Medical Malpractice Case: Hospitalist Testimony Can Be Crucial

abstract medical health care innovation concept background

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


ForensisGroup’s CEO featured in the Los Angeles Business Journal: All CEOs Are Driven – The Good Ones Know Where They’re Going

MTS_LABJ_Article

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


New England Compounding Center Found Guilty of Fraud

healthcare fraud pharmaceutical

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


Wage and Hour Dispute: Shift Manager Not Paid Overtime Wages

Dead line concept with businessman holding his head and flying w

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


Litigation in the Medical Device Industry

Modern monitoring equipment in hospital

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


Toxic Tort Case: Expert’s opinion on causation is crucial

Toxic word

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


E-Cigarette Litigation and Expert Witnesses

e-cigarette expert witness

  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


Car Seats Recall May Require Product Safety Experts

The text Product Recall appearing behind torn brown paper

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


In-House Expert Witness Held to Rule 26 Reporting Requirements in Clean Energy Litigation

Rule 26(a)(2)(B)_Hybrid Witness

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


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

Wine Yeast

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


Construction Litigation: Managing Risks and Investigations

construction litigation

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


ForensisGroup CEO Presented with Award from the Youth Business Alliance

Youth Business Alliance - ForensisGroup

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


Debt Collection Agency Shut Down Due to Illegal Practices

Bill Past Due

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


Patent Litigation Trends and Expert Witnesses

Patent Analysis

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


Roofing Construction Flammability and Toxicity Hazards

Flammability Hazard

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


2017 Workplace Litigation Trends

Class Action Litigation

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


Workers’ Compensation Claims For NFL Players

American football game

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


Unrecognized Confined Space Hazards

Confined space

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


Class Action Lawsuit on Privacy Settled Against Social Networking Company

Privacy

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


Cybersecurity and Legal Protection

Cyber security concept

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


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

Trade Secrets

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


Chemical Fires and Explosions Expert For Reboiler Rupture

Chemical Fires and Explosions

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


Medicare Fraud: Fraudulent Orthopedic Surgeries

Orthopedic Surgery Expert

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


News Network Sued for $750M in Defamation Case

Defamation Expert Witness

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


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

Workers comp medical expert

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


Construction Defect Claims in New Homes Increasing

Construction Defect Expert

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


Admissibility of Hurricane Experts Considered in Louisiana Federal Court

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

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


Penalties for Airbags Defect and Fraud

airbags deployed

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


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

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


Drones & Privacy Litigation: The Battle Has Begun

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

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


Pharmacologist Expert Testimony Ruled Admissible in Drug Label Warning Litigation

Pharmacology Drug Lable

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


Federal Regulation Dispute May Require Employment Experts

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

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


Product Liability Experts Consult on Tip-Over Accidents

Crashing shelf in the office

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


Antitrust Experts and Big Pharma Price Fixing

Antitrust Experts

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


Fracking Expert Witnesses Will Stay Busy in 2017

Fracking Expert Witnesses

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


Nuclear Engineering Expert Opines on Contaminated Site

Nuclear Engineering Expert

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


Fatal Warehouse Blaze Will Need Building Fires Expert Analysis

Building Fires Expert

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


Pollution Experts Identify Illegal Dumping by Cruise Line

Cruise voyage

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


Expert Witness Fees in Civil Cases

Expert Witness Fees

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


Deceptive Advertising Experts Review Major Fast Food Menu

Deceptive Advertising Expert

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


Geotechnical Engineering Expert Opines on Leaning Tower in San Francisco

Geotechnical Engineering Expert

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


Occupational and Environmental Medicine Experts Needed in Asbestos Case

Occupational and Environmental Medicine Experts

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


Aviation Fire Experts Investigate Boeing 767 Engine Failure

Aviation Fire Experts

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


Human Microbiome Research & Expert Witnesses

Human Microbiome Research

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


Expert Witness Discovery is Reopened as Law Firm Joins Main Action

Expert Witness Discovery

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


Self-Driving Car Experts Respond to First Fatal Accident

Self-Driving Car Expert

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


Automotive Recall Experts Identify Defect

Automotive Recall Experts

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


The Role of Expert Witnesses in Class Certification

Class Certification

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


Tort Expert Witnesses Face Off

Tort Expert

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


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

CPA Expert

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


Nursing Expert Witness Confirms Negligence in Wrongful Death Case

Nursing Expert

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


Train Derailment Experts Assess Crash in New Jersey

Train Derailment Experts

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


Computer Forensics Experts Investigate Hacked Dropbox Account

Computer Forensics Experts

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


Banking Fraud Expert Witnesses Blow Lid Off Wells Fargo Fraud Case

Banking Expert

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


Pokémon No? Augmented Reality and Litigation

Augmented Reality

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


Product Liability: Expert Witness Opines on Defective Hunting Rifle

Product Liability Expert

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


Occupational Safety Expert Examines Construction Site Fire

Occupational Safety Expert

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


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

Rheumatology Expert

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


ForensisGroup Ranks Among Finalists in LA Business Journal’s Top Women-Owned, Minority-Owned Companies

PASADENA, Calif. (September 5, 2016) – Considered Los Angeles’ premier source for comprehensive coverage of local businesses, the Los Angeles Business Journal ranks ForensisGroup among the finalists of women-owned businesses in the area. The Los Angeles Business Journal’s ranking distinguishes companies that are at least 50 percent women-owned, sorted by reported revenues in 2015. This … Continued


Trade Dress Expert Measures Brand Dilution

Trade Dress Expert

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


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

Automotive Engineering Experts

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