Articles by Expert Witnesses
Provided by: Arthur J. Levine, Ph.D., J.D., CPCU, ARM
This year, California employers will pay nearly $15 billion for workers compensation insurance. Although premiums – the price insurers charge for coverage – have dropped by half in just four years, they remain a major expense and an occasional severe headache for many companies.
As more and more business is conducted electronically, the legal community has become aware of the need to properly archive data that might be required as evidence in litigation. Computer forensics investigation certainly plays a key role in the electronic discovery process.
An Effective Electronic Use Policy, Combined with Computer Forensics, Can Help Prevent Employee Misconduct
Organizations purchase computers and other electronic equipment to increase productivity and improve customer service — but that doesn’t mean that’s all the equipment is used for. Employees tend to assume a degree of “ownership” of the devices on their desktops, and use them to some extent for personal reasons.
Provided by: M.B. Pasternack & Associates, Inc.
Ultraviolet light (UV) and electron beam (EB) curable materials are unique solvent-free compositions that cure (harden) in a fraction of a second upon exposure to a UV or EB source. The absence of solvent eliminates the need for large baking ovens used to process conventional solvent-based coatings (paints) and inks.
Provided by: Disc Interchange Service Company
When you need access to computer records or databases often you need to convert that data to a format your staff can use during investigation. When dealing with source data from IBM Mainframe and Mid-Range computers, the data files can use concepts foreign to PC languages and applications. Conversion accuracy and process documentation are critical to solid evidence. Many factors should be considered.
The latest advancements in Computer-aided design render forensic scientists far more helpful to attorneys, with far less effort, than ever before.
Provided by: Williams Psychological Services
Post Traumatic Stress Disorder, or PTSD, is a psychiatric diagnosis that is overused in civil litigation. Plaintiffs inappropriately claim to suffer from PTSD despite the fact they they did not experience a life-threatening, horrific circumstance. The role of subjectivity in psychiatric diagnosis is explored and the objective criteria for PTSD are explained.
Provided by: Bargardi Medical Consulting
As an attorney, any time you or your firm handles a case where health, illness, or injury is an issue you are going to need to review medical records. Whether you are a plaintiff or defense attorney, everyone needs to analyze and understand the contents of the medical record, and face it; they can be extensive and seem like a complex mystery.
Webster's Dictionary defines the word defect, as: 1. lack of something necessary for completeness; shortcoming 2. an imperfection; fault; blemish. To some Plaintiff Attorneys, and their Experts, the word defect has an entirely different meaning. It could mean that the work was performed with less than absolute perfection, with the "Standard" being "Absolute Perfection".
In my previous article entitled "Construction Process Can Lead to Defects", I illustrated various aspects of how the construction process may well lead to defects.
Webster's Dictionary defines the word defect: 1. lack of something necessary for completeness; shortcoming 2. an imperfection; fault; blemish. When relative to construction claims, the word defect also equates to financial disaster when it reaches litigation.
While the NSC publications provide generous guidance, two aspects they do not address fully are the application and implication of ergonomics and human factors in the design of machine safeguards.
Confined Space entry and Lockout & Tagout under OSHA are procedural standards... using procedures and practices to a significant degree. Due to this, there are always "questions" of what a certain section may mean. OSHA has offered numerous interpretations, and this article discusses some of those. This article appeared in the February 2005 issue of Occupational Health & Safety.
Interlocks are often required by codes and standards, but sometimes, where there is no such requirement, the safety philosophy of the configuration needs to be examined. The following article, previously published in a safety journal, discusses some related issues.
Provided by: Brian Crowley, M.D.
Many people think psychiatric illness routinely renders patients incompetent to make important decisions about their lives. This month’s column, by Dr. Brian Crowley of Washington, DC, attacks that myth and discusses some situations in which clinicians must address their patients’ mental capacity. William H. Reid, MD, MPH
Provided by: Friedman Medical Legal Consulting, LLC
Trauma medicine can be somewhat like doing a jigsaw puzzle backwards. Outwardly, you know there are interlocking sides and flat sides. You don’t know which pieces are the top or bottom, which are the picture, or what the picture is about. To do a puzzle backwards takes a specific sequence of priority and planning.
Provided by: AJS Consulting, Inc.
The TASER type device (also known as an Electro-Muscular Disruption Device or EMDD) has received considerable news coverage over the last few years and most recently involving its deployment on a University of Florida student on campus several months ago. Much discussion has been generated as to when this type of weapon should be deployed by police and law enforcement personnel, and where it falls within the Use of Force Continuum.
Provided by: High Alert, LLC
Disaster preparedness is no longer just an accreditation issue. “All Hazards” disaster planning is no longer just a requirement of qualifying for federal grants. Education is no longer a last priority. Disaster planning, preparation and education are the newest legal shield for the healthcare corporate officer.
Provided by: John Hochman, MD
Adult Attention Deficit Disorder affects 4% of the population, and an even higher percentage of criminal defendants. It is a valid diagnostic concept, and treatment with correct medications is usually effective in some behavioral change.
Provided by: Patrick J. McKenna
It may not be fair, but it’s true: Your first few months as Managing Partner—the time when you are just starting to grasp the totality of your new job—may well turn out to be the most crucial in setting the stage for a tenure that hopefully should last for years.
The Science of Eyewitness Testimony Published in the Los Angeles Lawyer Magazine, October, 2007
Provided by: Staff Development Services
Improve your hiring by becoming a master of questioning.
Provided by: Ronald Citron, MD
In nearly every meritorious missed cancer case there comes a time when the defendant’s attorney, losing on the facts, considers use of The Doubling Time Defense. By that time, the Plaintiff has already shown beyond doubt that the defendant physician had a Duty to take care of the patient and that there probably was a Breach of the Standard.
Provided by: Dr. Richard J. Stride, Psy.D., MBA, LPC, LMHC
Is the defendant guilty? Is the defendant suffering from a mental health malady that prohibits him from understanding the nature of the crime? Is the defendant able to consult with a lawyer and fully understand the charges against them?
Provided by: Miles Technologies
Under a recent Amendment to Federal Rules of Civil Procedure (Rules 16 & 26) ALL U.S.-based companies are required to archive ALL email, instant messenger conversations, and electronic documents for use in court if a company is ever sued.
Provided by: Talbott Associates, Inc.
Failure analysis determines the root cause of failure. The information presented in the failed component allows a company to reduce the possibility of re-occurrence. This paper will discuss failure analysis in general terms.
Provided by: Fritz R. Kahn, P.C.
The proposed merger of the DM&E into the Canadian Pacific and its entry into the coal rich Powder River Basin of Wyoming is sure to be opposed by the Union Pacific and BNSF, which now alone originate coal shipments there. The dispute will need to be resolved by the Surface Transportation Board. If the transaction is approved, the rates for transporting coal are likely to be reduced, favoring the construction of coal fired electric generating stations.
Provided by: Forster Realty Advisors
As long as home prices continued to increase at a blinding rate, there was no reason for the lenders to worry about the security for the loan they approved and funded. Now, in a very different market environment, they find themselves facing mass defaults on loans and very angry homeowners who say that the loan underwriters deceived them when they allowed them to purchase homes for which they were clearly unqualified.
Fingerprint evidence has widely been thought to be irrefutable in court. Things aren't always as they appear to be.
Rules change is forcing organizations to establish processes for archiving, retrieving and handling data for evidentiary purposes.
Sometimes corners are cut when utilizing forensic science to "solve" an issue at hand. This can lead to life affecting mistakes as well as expensive blunders. It is important to utilize all the tools available in order to reach a valid forensic opinion.
Like any field, forensic science has both good and bad practitioners. If analysis results are based on science, and science is exact, then how can there be opposing experts in litigations?
Provided by: Janse Consulting, LCC
The growing shortage of nurses in the United States as well as in California has been well publicized over the last few years. In response, numerous studies have been conducted to identify the causes, analyze the issues and determine solutions.
Provided by: Dr. Richard J. Stride, Psy.D., MBA, LPC, LMHC
Do you need a mental health expert in your corner? Mental health and the justice system have been working side by side for decades. Forensic Mental Health Professionals have been called upon to evaluate and/or assist in many cases over the years.
Hispanic constructions workers are increasing but in many cases without proper safety enforcement and training. There is a need for more Spanish speaking OSHA instructors and inspectors to fill the void.
This article deals with the lack of strong enforcement of MSHA safety regulations which may have played a role in recent mining disasters. The author has over 35 years experience in safety with 10 years as an MSHA engineer and inspector.
Institutionalization of HSE is not widely discussed but is the highest level of achievement that HSE performance can achieve. It means that HSE has become part of the corporate culture and is the way "we do business". It has become as natural as breathing. This paper discusses how an organization can achieve this lofty level of success. It is not an easy road but when achieved is well worth the effort.
This article outlines my experience in transforming a former Soviet Republic oil company's HSE program from a poor performer to an industry best performer using tried and proven principles.
The use of risk assessment principles is key to an effective and successful safety program. This article provides a basic introduction to risk assessment by utilizing a simple example involving a car crash. When these simple elements are introduced into a work place, accidents reduce and the severity of the accidents also reduce.
Provided by: Pogos H. Voskanian, M.D.
Wills are generally contested either on the grounds that the testator lacked Testamentary Capacity (was incompetent to make a will at the time of signing it) or the testator, because of his/her mental state, was subject to Undue Influence (i.e. if there is evidence of coercion, manipulation, deception, compulsion, intimidation, etc.) or an Undue Influence secondary to a thought disturbance (such as delusions affecting the testator's free will in making decisions).
My dilemma revolved around limitations pertaining to the original document bearing the questioned signature: time and location.
Seventh Circuit Questions An Esop Trustee’s “Failure To Apply Marketability Discount” In Reversal Of Summary Judgment
In the Armstrong v. LaSalle Bank National Association decision on a motion for summary judgment, the trial court found in favor of the defendant trustee’s decision to accept an employer stock valuation that did not include a discount for lack of marketability. The plaintiff appealed the unfavorable trial court decision to the Seventh Circuit. While recognizing an ESOP trustee’s discretion in employer stock valuation matters, the Appeals Court reversed the summary judgment decision.
In litigation controversies related to the income tax deduction of shareholder/executive compensation as a business expense, the courts generally apply a multi-factor test to determine if the compensation is reasonable. The courts apply this test with an emphasis on the perspective of a hypothetical independent investor. In this analysis, the extent to which the courts accept and rely on compensation data from published compensation surveys and/or from comparable company analyses varies.
The Draft Expert Report—Caught In The Tug of War Between Full Disclosure and The Work Product Doctrine
There is a split in authority in the federal courts regarding the discoverability of attorney work product provided by counsel to his or her expert and in particular, the discoverability of draft expert reports. Most jurisdictions have ruled that the 1993 amendment to the Federal Rules of Civil Procedure makes it clear that any materials provided by counsel to a testifying expert is discoverable, including information contained in draft reports.
The Application Of Daubert Challenges To Economic Damages Expert Testimony In Commercial Litigation Matters
Trial judges perform a “gatekeeping” function, deciding whether to admit or to exclude expert witness testimony as trial evidence. Trial judges often apply the four factors articulated in the Supreme Court Daubert decision in their judicial decisions regarding the admission of expert testimony. This discussion summarizes the evidentiary considerations regarding (1) the level of certainty in the causation of economic damages and (2) the level of certainty in the measurement of economic damages.