Forensic, General & Medical
Expert Witnesses

Articles by Expert Witnesses


Your Expert Witness’ Testimony Differs from Deposition Testimony - What Do You Do?

Provided by HG.org
The expert witness usually must provide similar or the same testimony during the trial as when he or she did during the deposition to ensure that the details are not different or contradictory. This is an important matter that the lawyer and expert may need to discuss before the trial takes place to prevent disqualification.
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Ruplestiltskin, LLP: Volume II The Dark Side of “Dialers”

Provided by: Context Corporation
In this article, the author explains the basics of the Telephone Consumer Protection Act (TCPA)--in particular the Automatic Telephone Dialing System (ATDS) element of the statute. He illustrates the risks associated with the use of "dialers" to communicate via voice or text, with an example scenarios. He briefly discusses preventions and defenses based on his considerable expertise in telecommunications and his experience as a consulting and testifying expert for the defense in TCPA cases.

What to Include in an Engagement Letter for an Expert Witness

Provided by HG.org
The engagement letter with the expert witness is a layout of the scope that the lawyer and expert will have in the relationship for testimony and all other processes with the case. It is important to include certain terms and ensure that the expert witness is aware of his or her responsibilities both in and out of the courtroom.

Characteristics of the College and University and Student of the Future

Most colleges and universities in the United States and worldwide write and implement strategic enrollment plans every year.

Predictions for Higher Education in 2005 and Realities in Higher Education in 2019

I have often written about the folly of making predictions about the future of higher education in the United States and around the world. However, I recently came across this article and realized that the 25 predictions I made 14 years ago about the future of higher education have for the most part, become reality.

Deposition Testimony by Expert Witnesses

Provided by HG.org
Expert witnesses usually must have testimony that remains the same or they could face disqualification from the case and professional problems when others hear of these issues with testimony. Impeaching the witness from the case is important if testimony changes that could impact the case in a negative way to the point of loss.

Municipal Retiree Health Care Costs Significantly Underfunded

The Pew Charitable Trusts recently revised a 2017 issue brief titled “State Retiree Health Care Liabilities: An Update.” This 50-state survey of retiree healthcare liabilities reviews how prefunding policies and reducing benefits may help states effectively manage the increasing costs associated with “other post-employment benefits” (OPEB).

When to Share an Exposing Expert Witness’ Report

Provided by HG.org
The expert witness report often must provide details about the revealing nature of the case and is part of the Federal Rules of discovery, civil procedure or criminal procedure. The legal team must share this information at certain times based on the type of case, and the mandatory disclosure of the report is necessary for both legal sides and arguments

Argumentative Expert Witnesses in Court - How to Get Them Back on Track

Provided by HG.org
When the legal team hires an expert witness that is passionate about his or her subject, it is possible that an argument may break out in the courtroom or when engaging in the topic involved in the case. It is important to get this professional back on track and ensure that the testimony or information is in line with the case or claim in the courtroom.

Ethical Challenges for Expert Witnesses in Civil Litigation

Provided by HG.org
Expert witnesses confront various ethical challenges when progressing through civil litigation no matter if the case is simple or has complex parts and processes to include presenting testimony and using procedures for testing. Success in these ethical challenges can ensure the professional is aware of how to navigate morals and expected mores of the city where the case occurs.

The Higher Education Bubble in the United States

Author makes the case for why higher education in the United States is not inelastic and why enrollments in the future face significant, and different, challenges from those in the past.

College Admission Scandal or Business as Usual?

On an almost-spring March day in Massachusetts, Boston U.S. Attorney for the District of Massachusetts, Andrew Lelling, held a press conference, the purpose of which was to announce indictments against 50 people, including 33 parents, in a college admission scandal.

Common Legal Problems with Being an Expert Witness

Provided by HG.org
Expert witnesses can face similar legal problems as other professionals depending on the situation, and some of these include professional or sexual misconduct, interfering with an investigation, breach of contract and misleading or misrepresentation of the facts. Some legal concerns arise during a case or when the professional hired by the lawyer causes problems during a case.

Will Your Divorce Need an Expert Witness?

If your divorce involves a high-net worth individual or business, you might need to hire an expert witness. These strangers’ opinions could have a dramatic impact on your case. How do you know if you need one? What should you expect if your spouse hires one?

Sears Pension Plans to be Assumed by PBGC

After nearly a decade of failing to turn a profit, Sears Holdings Corporation filed for Chapter 11 bankruptcy protection on October 15, 2018. As of February 11, 2019, the Pension Benefit Guaranty Corporation (“PBGC”) is now the trustee for two Sears defined benefit pension plans. The move follows bankruptcy court approval of an agreement between the PBCC and Sears that terminated the plans as of January 31, 2019.

Avoiding Conflict Problems with Expert Witnesses

Provided by HG.org
The relationship between lawyer and expert witness relies upon the work they accomplish which requires a lack of conflict and a better understanding of the subject matter. There are ways of avoiding arguments that can help assist both parties in seeking stronger bonds and working together on the case accordingly.

Tips for Hiring an Expert Witness to Save Time and Money

Provided by HG.org
Hiring an expert witness is often difficult when the subject matter is a complex problem for everyone involved, and there are certain tips that exist to provide assistance in both saving time and money with this process. These usually entail performing research online and locally to lower costs of travel along with cutting out expensive professionals services.

Why Men Should Never Undergo Brow Lifts

Lifting the brow in men will more than likely have deleterious effects on their appearance.

Ethical Considerations for Hiring Expert Witnesses

Provided by HG.org
Ethics often come into play when hiring and using expert witnesses for both criminal and civil cases because the expert witness is someone that can help, support or even remove confusion with evidence and various processes. There are certain ethical dilemmas and problems that may arise with professional hires and even in the cases themselves.

Tips for Eliciting Effective Testimony from an Expert Witnesses

Provided by HG.org
Acquiring effective expert witness testimony is crucial for any case where this professional is a needed component to attempt to convince the judge or jury of a valid argument for or against a person. The tips that can increase effectiveness involve both preparation and direct or indirect cross-examination with both sides of the argument.

When It Comes to Marketing Your Law Practice, Are You Willing to Stick Your Neck Out?

The numbers are staggering. According to the American Bar Association, there are 50,000 law firms in the U.S. with two or more attorneys. If you also count solo practitioners firms, the U.S. Census estimates almost 175,000 total legal establishments. Guess what? Not all of them can or will be ranked #1 on Google. In fact, most won't make the first pages of the online directories. Now, if you’re one of the 95% that won’t, and you listen to the “experts", you might as well pack up shop right now. But to take that attitude is to run counter to everything that marketing is to supposed be about.

Of Slopes and Flops in Investments

The investment world and the financial medias are abuzz with the USD yield curve and its growing flattening/inversion, and for good reasons. Here is why.

The Genus and Species of Copyright

In Varsity v. Star Athletica, the U.S. Supreme Court addressed one of the confounding issues in copyright law: when pictorial, graphic and sculptural works are sufficiently separate from the articles on which they are placed to qualify for copyright protection.

University 403(b) Pension Plans Gain Favorable Court Ruling

Georgetown University is the latest school to fight off a lawsuit brought against their 403(b) plans claiming a breach of fiduciary duties. Northwestern University, the University of Pennsylvania, and Washington University in St. Louis have also had lawsuits dismissed, while New York University succeeded in a trial hearing last year.

The Case Against Online Marketing

This article is prompted by an inquiry we received recently from a family law practitioner who felt that he had extracted all he could from the smorgasbord of online marketing tools and was seeking alternative, “out-of-the-box” means for growing his practice.

Guidelines for Expert Witness Testimony

Provided by HG.org
Expert witnesses hired for a court case where they must provide testimony usually have very stringent guidelines in place that require certain protocols and processes that affect opinions provided and processes that the professional must follow. Within these guidelines, the expert witness can present a case and remove confusion about evidence.

Board-Certification in Brain Injury Medicine: What Is It?

Provided by: Sanjay Adhia, MD
Brain Injury Medicine (BIM) has recently been added as a subspecialty by the American Board of Medical Specialties, I am asked by attorneys to explain more about it. Qualified Board-Certified Psychiatrists, Neurologists, Physiatrists (Physical Medicine and Rehab) and Sports Medicine physicians are permitted to take the exam for the Brain Injury Medicine certification.

States Expand Private Sector Retirement Options

Employer-sponsored retirement plans are not available to one-third of U.S. workers, according to the Pew Center, and many employees who do have access to a pension plan do not participate. Some industry sources estimate that up to 58 million private sector workers are not covered by a retirement plan.

How to Become an Expert Witness

Provided by HG.org
There are different ways that a professional that has experience with a certain subject field can become an expert witness for the courtroom hired by a lawyer. Many of these different methods are from a start and continued experience with lawyers that can help to further the career of a professional with legal matters.

Expert Witness Tips for Providing Effective Testimony

Provided by HG.org
There are numerous tips for expert witnesses in providing the courtroom with the most effective testimony possible for the subject matter, depending on what the expert needs to get across to the judge or jury panel. These tips often depend on the understanding of the question, the reliable testing methods and relevant content presented to the court.

Understanding Frye Before Testifying as an Expert Witness

Provided by HG.org
Frye and Daubert are the standards for expert witnesses that explain what the professional must accomplish to remain a designated witness for the trial case. There are many factors for vetting and qualifying the expert in the courtroom, and it is important that the professional first understand these criteria under Frye before testifying.

Pension Risk Transfers Remain Strong in 2018

U.S. corporate pension plan sponsors continue to pursue a strategy called “pension risk transfer”under the favorable economic conditions of 2018. A pension risk transfer generally refers to the process by which a pension plan sponsor purchases a group annuity from an insurance company to cover pension payments and administration for all or a portion of plan participants.

Can You Testify as an Expert Witness in All States?

Provided by HG.org
Throughout the entire country, expert witnesses have become an integral part of the court cases for multiple and numerous issues that may arise where there is a need to explain something further or remove confusion. By using an expert with a scientific background, it is possible that the professional can do so in all states in the country.

Expert Witness Best Practices

Provided by HG.org
The best practices that expert witnesses adhere to generally require staying on point in the case, keeping the material relevant and ensuring that all test methods are reliable or give reliable results with a known margin of error. Other best practices usually change based on the case, but many of these are similar throughout the expert’s life in the courts.

Working as a Consulting Expert Witness

Provided by HG.org
Expert witnesses that either do not make it through qualifying as a designated expert witness or that provide services outside of the expert witness field can assist the lawyer in understanding the subject materials or in finding an expert witness to give testimony in the courtroom. Other consultants work closely with the legal team for informational purposes.

Sales Company's Liability for Low Film Sales

Provided by: Kathryn Arnold
Sales of independent film is a volatile undertaking, even under the best of circumstances. The competition is stiff, buyer’s tastes shift, and thousands of films are produced globally each year. According to IMDB, in the last 10 years, film production has doubled from 4,585 in 2005 to 9,387 films in 2015.

Sales Company's Liability for Low Film Sales

Provided by: Kathryn Arnold
Sales of independent film is a volatile undertaking, even under the best of circumstances. The competition is stiff, buyer’s tastes shift, and thousands of films are produced globally each year. According to IMDB, in the last 10 years, film production has doubled from 4,585 in 2005 to 9,387 films in 2015.

Guide on How to Find Expert Witnesses

Provided by HG.org
Finding an expert witness often requires assistance such as a database, expert hiring agency or research into the local area to discover if there exists someone with the relevant knowledge of the subject matter that is in the case. Once the lawyer and legal team find this professional, it is time to interview and then determine if a hire is the next step.

Stress Testing for Municipal Pension Plans

Stress testing for public sector retirement plans is gaining attention following the adoption of new standardized guidelines, as well as support from The Pew Charitable Trusts. The practice of stress testing started with banks and financial institutions following the 2008 economic crisis, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Computer Expert Witnesses - How They Can Help in a Child Pornography Case

Provided by HG.org
Many child pornography cases involve computers and hiring a computer expert witness is crucial to help prove or disprove the matter. The professional will perform many checks on the involved computing devices, analyze data from deleted files and assess internet connections to certain chat rooms, browser history and other tasks.

Working with an Expert Witness - What You Need to Know

Provided by HG.org
Working with an expert witness hired for a specific case requires an understanding of what this professional will do during the case, before the courtroom and while in the court. Having a strong relationship with this expert is a key to a better experience and to a greater attempt at success in the claim or case for the client.

Direct Examination of Your Expert Witness: Key Strategies

Provided by HG.org
To make the most of the expert witness for the case, it is important to hire this professional early and explain the specifics of the direct examination. When it is clear that a trial case is the likely outcome, the expert witness may need an early hire to work through the evidence and other materials quickly to support the argument in the courtroom.

Preventing #MeToo Legal Fires

As an active duty Deputy Fire Chief, I was responsible for the lives and safety of all of my firefighters as well. Creating an environment free from harassment, intimidation, discrimination and other such harmful behavior was as much important as creating a safe emergency scene.

Use of Expert Witnesses in Football Head Injury Claims

Provided by HG.org
There are several types of expert witnesses that may assist with a traumatic brain or head injury with a professional football player in either major leagues or minor leagues. These professionals usually must explain the injury, the reason the injury occurred or why the defendant is liable for damages such as with product defects or a lack of protection.

Asbestos in Baby Powder Cases - Product Liability Expert Witness Testimony

Provided by HG.org
There are several cases where there are toxic substances used as materials in products used for young children or babies that require the services of an expert witness to both understand and pursue a legal claim against. In these situations, the expert hired will need to testify about the tested materials and expose the damages the company or person caused.

How can an Economic Expert Determine My Amount of Lost Income in a Personal Injury Case?

Provided by HG.org
In a personal injury case, the victim may have need of several experts to assist with the issues of the subject matter to include explaining and calculating the loss of income and other damages owed. These experts may become part of the claim as witnesses or give reports and documentation to support the claim as evidence.

Expert Witnesses Provide Testimony on Fatigued Driving

Provided by HG.org
Expert testimony about fatigued driving generally revolves around the different health problems a person may have while behind the wheel and becoming tired or exhausted to the point of falling asleep. Others may have additional stress, are driving after a long day or become fatigued through different problems that may arise to possibly cause an accident.

Restaurants, Lawsuits & the Role of OSHA

Did you know that OSHA plays a very important role in nearly every restaurant and bar industry lawsuit and insurance claim? Well, it most certainly does, and it doesn’t matter if the person that got injured, harmed, sickened, maimed or killed was an employee or a customer of the subject establishment.

Litigation Cases Involving Violence in Restaurants

Did you know that restaurants are more likely to experience workplace violence than any other industry in America? In this article we will help you find out why restaurants are so prone to violence, what leads to violence, the practical steps to help make restaurants safe, and the insider information that you need when dealing with one of these legal matters.

Insurance Expert Witness in Violations of State Insurance Claims

Provided by HG.org
When there are violations incurred with the state insurance claims either for the company or against it, these matters may require the services of an insurance expert witness to unravel the confusion and explain the necessary and relevant details. The expert hired for someone suing the company will need to review the matter carefully and determine how best to proceed with testimony.


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