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Are Expert Witness Communications with a Lawyer Considered Attorney Work Product?

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Communications, drafting, reviews and expert reports may all consist of attorney work product, but this could depend on a few different factors and may affect lawyer and client privilege. Knowing what work product protections cover may help the those involved understand better everything that may remain safe between the professional confines.

Potential Positions by Expert Witnesses in Digital Pill Matter

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To tell the difference if a patient takes his or her medication is important for a doctor, but if the person experiences an injury or problem from a malfunction, an expert witness may need to weigh in on the matter in the courtroom. For litigation cases, the expert’s position on these situations is important for the judge or jury.

Role of Expert Witness in Dental Malpractice Cases

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Dental malpractice cases often involve negligence. This factor is difficult to prove in a lawsuit without the use of an expert witness or other corroborating evidence to point to the defendant as responsible for the injury. With the help of a professional in the claim against the dentist, it is possible to show the judge or jury that the patient has an entitlement of compensation for the incident.

Expert Witnesses Discuss Liability in Drone Accident Cases

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Drone accidents occur when the person flying the drone loses control or is not as responsible for the movements as he or she should ensure when the machine flies over a private or public space. When an incident occurs, an expert witness may need to discuss the liability matters with the courtroom, so the matter is better understood.

Expert Witness Testimony on Influencer Marketers

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Influencer marketers may cause problems with a select group of individuals where an expert witness’ testimony becomes important to unravel the confusing issues of the case. Through the expert witness, the issues with the form of marketing that only targets influential people may become clearer to the judge or jury.

Expert Witness Testimony on Defective Product Factors

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Defective products harm clients and customers alike and understanding the factors that lead to these incidents is important and also where the expert witness becomes invaluable in clearing up confusion and providing the necessary details. Through his or her testimony, it is possible to demonstrate to the courtroom why compensation is important and why the defendant is responsible.

Expert Witness Testimony Pertaining to #MeToo Allegations

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In the fall of 2017, a social media campaign swept the nation which forever changed the perspective on sexual harassment in the workplace. This viral campaign included the stories of countless individuals who shared their personal stories of sexual assault, harassment and other misconduct. The #MeToo campaign helped break the silence on this proliferate misconduct.

Expert Witnesses in Sexual Harassment Claims

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Expert witnesses can provide significant value in employment litigation, including in cases involving claims of sexual harassment. Expert witnesses in sexual harassment claims have different backgrounds and may provide different services. If you think that your case may be aided by an employment expert witness, be sure to contact an expert institute for assistance. You may prefer to vet several expert witnesses to find the right fit for your particular case.

Role of Expert Witnesses in Employment Law Matters

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Employment litigation is often complex. Expert witnesses are often put on retainer to assist with these types of cases. Understanding the role that these experts serve is important so that you can see if you need an expert in your case.

Autonomous Vehicle Deaths May Require Expert Witness Testimony

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Autonomous vehicles are relatively new inventions, and the law has not quite caught up with them. Autonomous vehicles may be self-driving without a driver behind the wheel. Others do have a driver for emergency purposes. Some rideshare apps have begun using these vehicles, and legal experts have opined as to who will bear the liability of such accidents.

Replacing an Expert Witness before Trial

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When there is a problem with an expert witness such as a conflict of interest or he or she loses qualification as a designated expert witness in the case, the professional’s replacement must occur. This could happen with the previous expert as a consultant to assist in discovering the next best fit for the case in the courtroom before the trial begins.

Medical Expert Witness in Insanity Plea Cases

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In insanity pleas, a medical expert witness may need to explain and discuss mental illness with the courtroom to remove doubt or confusion about the matter and how the brain’s effects may cause criminal activity. In usual circumstances, the expert’s knowledge of behavior and the brain may assist him or her in detailing what the illness causes and how it affects the individual.

Low Vision Expert Witnesses in ADA Cases

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The Americans with Disabilities Act may involve a person with low vision in a claim or case where an expert witness is necessary to help the courtroom understand why the person needs assistance. If the person faces discrimination, injury or a lac/k of benefits due to his or her condition, the expert may need to explain the matter through medical and disability details.

Expert Witnesses Clear Up Patent Eligibility Confusion

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Patent applications and processes are sometimes confusing and complicated situations with one person needing to hire an expert witness for the claim against a company or individual that violates the stipulations of the patent owner’s claim on the item or design in question. Additionally, it may require the knowledge or experience of an expert to clear up any confusion about eligible patent protections.

Expert Witness Testimony in School Shooting Cases

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An expert witness may become part of a school shooting case to help remove confusion about the evidenced or reconstruct the incident, so a criminal case may progress or a lawsuit for compensation may happen with a clearer understanding of the circumstances. Through his or her experience and knowledge, testimony about the case may hold less fear and lack of comprehending.

Can I Hire the Opponent’s Expert Witness Who Removed Himself from the Case?

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Sometimes, a lawyer has the opportunity to hire the opposing expert witness for his or her case when the professional is no longer part of the process. However, these situations must involve certain circumstances before the expert may change lawyers that generally includes any lack of conflict of interest and knowledge of the opposing lawyer’s case.

Fires and Explosions - Hidden Evidence

Provided by: Gossman Forensics
Every fire and explosion scene has the potential to contain crucial evidence that is hidden or elusive. This evidence may be physically hidden under debris and ashes, or may be masked in the samples taken for laboratory analysis.

Courts Address ERISA Fiduciary Responsibilities

Two recent court rulings addressed fiduciary requirements relating to the Employee Retirement Income Security Act (ERISA).

Technology Used by Expert Witnesses in the Courtroom

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When an expert witness becomes part of the courtroom proceedings, he or she may need additional technology to explain the issue to the judge or jury panel, and this could lead to unorthodox processes. When these items become necessary to demonstrate certain issues, the professional may need permission from the courts to accomplish this feat.

Role of Expert Witnesses in Cryptocurrency Litigation

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When cryptocurrency is part of a claim either for illegal activity or to when the plaintiff needs compensation for online transactions, an expert is necessary to explain what this type of online currency is and how it affects the case. The role of this expert witness often has a greater impact in clearing confusion about what and how cryptocurrency is and works.

Potential Testimony of Forensic Accountant Expert Witnesses

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A forensic accountant expert witness may become necessary to unravel a confusing issue with a claim or case within a company such as when the bookkeeper or accountant hired for the business engages in illegal activity either alone or on behalf of the owner. Through the professional’s specialized experience, it is possible to understand and determine if a claim is valid or has sufficient evidence.

Expert Witnesses and the Preparation of Affidavits of Merit

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Experts have the task of proving that a claim has merit through an Affidavit of Merit, and this may have a direct connection to a medical malpractice suit or when the medical device used causes injury to the patient. Through this affidavit, the expert explains that the claim has sufficient strength to proceed through trial or to a hearing with a judge.

Expert Witness Testimony on Standard of Care in Medical Malpractice Cases

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For a medical malpractice suit to have sufficient strength to proceed to the courtroom stage, the healthcare practitioner attached to the claim must either breach his or her standard of care to the patient or engage in negligence. An expert provides testimony and explanation about how either could affect the patient and lead to injury.

Fires and Explosions - Evidence Gathering and Preservation

Provided by: Gossman Forensics
Proper evidence gathering, documentation and sample preservation is critical to a successful fire/explosion investigation.

Mentholated Crack Cocaine

Menthol causes and endothermic reaction overtime and reduces the product to a slurry or paste form of the product beginning to occur after the first 72 hours of manufacturing.

Reweigh Analysis by an Independent

The seized crack cocaine in this case had diminished in weight by a significant margin, the cause was proposed and later determined to be as a root cause of adding Menthol to the produced product. See " Mentholated Crack Cocaine".

Wrongful Termination: Cocaine in Hair

Sampling procedures, collection procedures and testing procedures should all be evaluated when there is a question in the results.

Environmental Hazard Case: Methamphetamine Manufacturing

This is a case report of an actual occurrence. The needs of our services included evaluating the amount of seized product, the rate of production, and an evaluation of proposed hazards to the outdoor area and surrounding lives of the area of manufacturing.

Locating and Retaining Effective Expert Witnesses

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Effective expert witnesses are often difficult to locate and harder to retain depending on the facts and subject matter of a case, and this could provide a much more complicated situation for the legal team. The lawyer or assistant contacting and interviewing experts in the case or claim will need to know what to ask, where to look and when to seek help.

Important Skills to Look for in Expert Witnesses

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When looking for an effective and qualified expert witness of a case, the lawyer or legal team should find someone that matches the case and has a relevant and reliable testimony and methods. The important skills necessary to provide significantly higher chances of success in the case have a basis in what type of expert is necessary.

Expert Witnesses in High-Profile Litigation

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For an expert witness that will face a high-profile lawsuit, it is important to know what to expect and how this differs from other similar or entirely different litigation cases. There may also exist additional requirements for the lawyer based on the circumstances, the defendant or plaintiff and how the expert will corroborate or help the details of the story.

A Litigator’s Guide for Working with Forensic Expert Witnesses

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Forensic experts will provide a clear picture of what happened during the incident or crime, and through evidence or recreating the situation, the professional may have enough details to demonstrate how the defendant is at fault. Knowing how to show responsibility to the defendant and increase the awareness of the courts is important.

A Guide to Deposition Questions of Expert Witnesses

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The beginning of a case may involve an expert witness, and he or she may need to ensure the expert testimony has enough preparation to pass scrutiny. There must be a profound integrity of evidence, a conclusion the expert supplies, competent methods and reliable information that will increase chances of success through testimony and methods used.

Video Forensics Expert Witness Discusses Security Camera Footage Recovery

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For both criminal and civil cases, camera footage may capture the perpetrator in the act of harming another or engaging in illegal activity. Through recovery of footage, a video forensics expert may discuss how this will prove that the defendant is guilty of either participation or the intentional committing of criminal behavior.

Using a Forensic Pathologist as an Expert Witness

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The need for a forensic pathologist arises in the understanding of death in certain situations, how the person died and when there is confusion about the circumstances of the passing. While some cases use medical examiners, others rely on an expert witness to discuss and detail out certain aspects that are confusing or lacking in more specifics.

Forensic Handwriting Expert Witness: Forged Signatures on Formal Documents

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Formal documents are important for numerous reasons both legal and personal, and when one or more of the papers has a forged signature, the person affected may face severe negative consequences. It is imperative to hire a forensic handwriting expert to demonstrate to the courts and discuss how the plaintiff suffers harm from the action.

Expert Witness for a Defective Cell Phone Case

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When a customer that purchases a cell phone suffers injury due to the case or a defect in design or materials, he or she may need to raise a claim through the courts for compensation. With the help and use of an expert witness, he or she may provide sufficient evidence that the defendant is responsible and owes damages to him or her.

Computer Expert Witness and Alternative Reasons for Possession of Child Porn

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There are rare occurrences where a defendant in a criminal case of possession of child pornography may have a defensible strategy, and these situations often lead to the hiring of a computer expert witness to corroborate. With the expert witness, the defendant may prove that he or she has no intention of obtaining such material, and the circumstances will excuse him from the charges.

Key Features to Look for in Computer Forensic Expert Witness

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The wide variety of computer and electronic issues that need explaining in the courtroom usually lead to the hiring of a computer forensic expert witness to provide understanding and knowledge of numerous matters. The key features in looking for these professionals are one part of looking for the right fit for the case.

Internet Expert Witness Discusses Damage Due to Computer Worms

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When a case involves computers or electronics, an expert’s help is usually necessary, and in the case of computer worms, an expert witness becomes invaluable. The financial and personal injury caused by another individual intent on infecting computers through worms and similar malignant items may demand an explanation to unravel the confusion.

Forensic Expert Witness Analyzes Smartphone Data

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In a case where the data on a smartphone is sufficient to provide evidence in the claim, a forensic expert witness may need to assist the lawyer. By analyzing the details within the device, it is possible to connect the defendant to liability, clear the plaintiff of any fault or help in proving the information of the injury.

Expert Witnesses Describe Negligence in Data Breach Incidents

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Data breaches occur with greater frequency when a hacker determined to expose the company leaks the information within the business to the public or on the internet. When these incidents occur, the company, clients and customers may all experience devastating consequences when their details are available to anyone.

Expert Witness Testimony Regarding Fingerprint Analysis

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Law enforcement and prosecutors rely on fingerprint analysis to convict criminals when their fingerprints are found at a crime scene. However, it usually takes an expert witness to examine and fully understand if this evidence is enough to lead to a conviction or if it is too weak in regard to the case and the defendant’s circumstances.

Expert Witness Discusses Collapsing Bridges

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The flaw in construction may lead to the need for an expert witness to explain liability and structural complications, but when a bridge collapses, hundreds often sustain injury or die. In these events, an expert may need to explain how the event occurred and who is responsible for the damage and compensation to the victims.

How to Admit Expert Witness Testimony in Criminal Cases

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It is critical that the testimony of an expert witness is within the evidence, statements and other testimony in a criminal case so that the defendant faces a stronger chance of conviction or a not guilty verdict. To provide the defense party with a greater chance of success, the expert witness may give the case the much-needed details that clear up confusion.

Forensic Expert Witness on Faulty Construction Materials

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Construction materials are necessary for a variety of projects that include buildings, roads, products and artistic expression. When these materials are faulty or have defects, it is much more likely that those involved with these resources may become injured or face devastating consequences that may require the services of a forensic expert.

Forensic Expert Witness Describes Speed of Drunk Driver

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In drunk driving accidents or during a driving under the influence of drugs or alcohol citation, an expert may need to explain that the speed of the drunk driver was or was not a factor in the incident. Collisions at higher speeds often lead to more severe injuries with more extensive property damage on the road and in traffic.

Forensic Computer Expert Witness Discuss Unintended Airbag Deployment

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When during a crash an airbag deploys, this is normal, but when the driver has no incident or anything even remotely resembling a problem that the airbag goes off, this is a large issue. The forensic computer expert may have more details and could remove confusion in these matters for the court so that the victim may face a greater chance of successfully arguing his or her case.

New Claims Procedures Scheduled for ERISA Disability Plans

Additional consumer protections for private-sector workers making claims for benefits from their employer’s disability insurance plans will become effective on April 1, 2018.

Pension Plan Sponsors Seek to Locate Missing Participants

Pension benefits can go uncollected when retirement plan beneficiaries move to a new employer or fail to register a new home address with their pension plan sponsor. The issue of “missing participants” is gaining national attention as plan sponsors strive to reconnect with those who may be owed payments.

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