Articles Posted in Researching Experts

Marketing defense expert witnesses may opine on competition and marketing strategy. The American Marketing Association Board of Directors defines marketing defense:

The strategic moves that attempt to minimize or deter threatening actions by existing or potential competitors. Strategic moves can deter all or some of the prospective challengers by making the profit prospects so unattractive and risky that market share gains are not worth pursuing. Deterrence strategies include the following: (1) signaling intentions to defend, (2) foreclosing avenues for attack by building barriers to entry or mobility, (3) increasing entry costs or investments, and (4) reducing market attractiveness by lowering prices. If challengers cannot be deterred, then the purpose of market defense is to contain challengers’ moves and minimize the damage.

Marketing research expert witnesses may opine on market studies and marketing research. The American Marketing Association Board of Directors offers the following definitions:

Marketing:

Marketing is the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. (Approved October 2007)

The website of midwifery expert witness Susan Trezona, CNM, offers this information:

Cutting Fat May Prevent Ovarian Cancer

Ivanhoe Newswire

The website of gynecological care expert witness Susan Trezona, CNM, offers this information regarding Boning Up On Osteoporosis:

Among the health issues facing menopausal women is osteoporosis, or progressive thinning of the bones. More than 10 million Americans have osteoporosis. Half of the women over the age of 50 will have a bone fracture due to osteoporosis during their lives.

Those at greatest risk for osteoporosis are women who:

Translation expert witnesses may opine on document translation and medical interpreting. Here, the American Translators Association explains that translation is not a commodity and offers standards for buying a non-commodity.

Translation not a commodity. If it were, it would be enough to say: “You need a translation? Go out and ask several translation service providers how much they charge per word and choose the lowest figure.” End of story. But it’s not like that. For example, you’ll obviously need to specify which language you want your text translated into (e.g. French or German or Japanese). And just as color and price are not the only factors in buying a car, you’ll want to consider other criteria here, too.

For example:

Midwife expert witness Susan Trezona, CNM, writes on the

Benefits and Risks of HRT

Known Benefits

* Effective treatment for menopausal symptoms such as hot flashes, night sweats, vaginal dryness * Reduction of risk for bone loss and hip fractures, especially if HRT is begun at onset of menopausal symptoms.

Forestry expert witness Russell E. Carlson, RCA, BCMA, Tree Tech Consulting, writes on a residential boundary line tree dispute:

In general, boundary line trees are considered to be the property of both adjacent owners, and cannot be harmed without the consent of both. As to the tree on your mother’s property, the neighbor cannot cause direct harm by going on to her property.

The grey area is when the neighbor cuts roots. If he stays entirely on his property, he may have the right to do as he wishes. If he has a valid reason, such as building a pool or an addition to his house, and that causes injury, there may not be recourse. However, if his intent is to destroy the trees, and that can be documented and proven, the situation would probably be different. Again, this is very much dependent on the laws in your jurisdiction, and a lawyer is necessary to help sort it out.

After a 2007 criminal case in Maryland was dismissed for lack of an interpreter and widely covered in the news media, The National Association of Judiciary Interpreters & Translators and The American Translators Association issued a joint statement:

In our organizations’ view, this case is an unfortunate symbol of a systemic problem that affects our entire country, a problem for which we all share responsibility: the need for language professionals to be identified and readily available to serve our courts and justice partners.

We represent two national organizations, the National Association of Judiciary Interpreters and Translators (NAJIT) and the American Translators Association (ATA), that have made great efforts to network with community and government entities to make them aware of our extensive networks of language professionals. On occasion our advocacy efforts have been successful but our overtures have also sometimes been dismissed.

In Climate Change Risk Management Lawsuits, Kai Alderson, Fasken Martineau, and Stephen Higgs, of Perkins Coie, write that public companies face exposure to legal liability for investor losses blamed on failure to anticipate or disclose climate change risks.

Plaintiffs have brought lawsuits alleging that a company’s GHG emissions contributed to extreme weather events like Hurricane Katrina, which directly or indirectly resulted in property damage or bodily injury. Claimants rely on the common-law nuisance theory that the GHG emissions are a “public nuisance” causing property damage or injury. Companies whose operations emit large amounts of GHG, e.g., fossil-fuel-based energy companies, investor-owned utilities, power generators and large industrial facilities, may be particularly exposed to multiple large claims and may have to bear defense costs, including defense of potential class actions, even against claims that ultimately fail.

Some lower courts have dismissed such cases because plaintiffs lacked “standing” to sue or because their claims raised “political” questions unsuited to judicial resolution. However, the Second Circuit Court of Appeals reversed a lower court’s dismissal of one such suit in Connecticut v. American Electric Power, finding it appropriate for district court consideration. It is possible more of these cases will be brought, particularly as long as no comprehensive federal climate change legislation exists.

Insurance claims expert witness Tommy R. Michaels offers a glossary of Insurance and Risk Management Terms on his website. For example:

Abandonment A clause in property insurance policies prohibiting the insured from abandoning damaged property to the insurer for repair or disposal. Arranging for repair or disposal is the insured’s responsibility, unless the insurer elects otherwise.

Aabatement The act or process of diminishing the presence of a pollutant (e.g., asbestos or lead) in either degree or intensity.