Articles Posted in Researching Experts

In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

Major weaknesses emerged in the insurer’s justifications for its decision to rescind the policy, including:

• The insurer previously issued policies for a previous owner, covering the same premises, and therefore it had prior knowledge of the underwriting information, including square footage, which differed from what the insured had provided.

In How Attorneys Should Choose Crate Experts, packaging expert witness Sterling Anthony, CPP, writes:

An attorney involved with crate litigation might readily recognize the need for a packaging expert, yet, not be sufficiently aware of the specific knowledge and capabilities that best qualify that expert. Crates are unique among packaging types, owing to factors related to materials, construction, loading, logistics, and unloading. Even when a crate is said to have been built in accordance with a national specification or an industry standard, the aforementioned factors combine for particularity. Besides, the majority of crates are designed by the shipper or by a supplier, with varying regard to a national specification or an industry standard, further contributing to the uniqueness of every crate.

As such, whether the crate litigation alleges personal injury or cargo lost, the right packaging expert is one who brings the expertise and experience necessary to: understand the attorney’s theory of the facts; educate and advise the attorney in the many intricacies; and, analyze, opine,

In his article Insurers: To Rescind Or Not to Rescind?, insurance expert witness Akos Swierkiewicz writes:

A policy may be rescinded even after a loss that would otherwise be covered by the policy. Since rescission could have severe negative financial impact on the insured, the insurer must be certain that the reasons for rescission are based on solid grounds and able to withstand potential legal challenge.

In a 2001 case, an insurer rescinded their policy following a major fire loss, alleging material misrepresentation and concealment by the insured, pertaining to several matters, including square footage of the premises.

Tile expert witnesses at Ceramic Tile and Stone Consultants offer links to these resources on their website:

Industry Associations Ceramic Tile Distributors Importers Installers Manufacturers Cleaners and Sealers Computer Services Construction Defect Attorneys

Economic Forecast Economic Indicators Floor Warming Systems Industry Statistics Ceramic Tile

electronic evidence recovery expert witness Steven G. Burgess writes on: The Case for Electronic Discovery:

Saving a File

When a document is named, it is saved. It may be saved with a name such as “Untitled” even if not given a unique name by the author. When the file is saved, there are several attributes saved with it. One is the date the file was created; one is the date the file was last changed, or modified; one is the date the file was last accessed. This information is kept as part of a file listing called a “directory.” This file listing is viewed as a “folder” by the computer user. The computer saves a long version and a short version of the name as two adjacent directory listings as well.

Process service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers writes on unsworn declarations and affidavits of service:

Unsworn Declarations Made Under Penalty of Perjury An Unsworn Declaration made under Penalty of Perjury is a written or printed recitation by the process server of the facts and circumstances surrounding the delivery of legal process to a particular person or entity consistent with applicable state or federal court rule or law. The declaration is to be signed only by the person making the statement.

Affidavits of Service An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath. An “affidavit of service” is intended to certify the service of a writ, notice or other legal document.

Physics expert witness Louis A. Bloomfield, Professor of Physics at the University of Virginia, answers the question “How do anti-lock brake systems work?”

If you brake your car too rapidly, the force of static friction between the wheels and the ground will become so large that it will exceed its limit and the wheels will begin to skid across the ground. Once skidding occurs, the stopping force becomes sliding friction instead of static friction. The sliding friction force is generally weaker than the maximum static friction force, so the stopping rate drops. But more importantly, you lose steering when the wheels skid. An anti-lock braking system senses when the wheels suddenly stop turning during braking and briefly release the brakes. The wheel can then turn again and static friction can reappear between the wheel and the ground.

For more, see howeverythingworks.com.

Pesticides expert witness Allan Snyder; ACGIH, AIHA, SPCI, writes that there are more than 2,500 different types of termites in the world with the most common species being Drywood, Dampwood and Subterranean. Dampwood Termites:

They live and breed in soil, sometimes many feet deep.

Subterranean termites require moist environments.

Diesel engine experts at TractorData.com write on tractor fuel types:

Diesel Fuel Diesel fuel first started appearing in large agricultural crawlers in the 1930s, but it was not until the 1950s that diesel became a major fuel source for farm tractors. Difficult starting limited the use of early diesel engines. Some manufacturers built spark-ignition diesel engines, or engines that started on gasoline and were switched over to diesel. Others used small gasoline “pony motors” to warm and start the diesel main engine.

By 1960, diesel engines had greatly improved and were becoming very popular for large farm tractors. By the 1970s, nearly all farm tractors used diesel engines.

On their website, packaging experts at the Paperboard Packaging Council offer their Industry Glossary. Definitions include:

basis weight: the specification of boxboard as density of weight per unit area. In the US it is measured as “pounds per thousand square feet,” and in Europe, as “grams per square meter”(gsm). It ranges from a light weight of 60 pounds per thousand square feet to as heavy as 200 pounds per thousand square feet in a single ply; however, any one machine is ordinarily not capable of making this complete range.