Articles Posted in Researching Experts

Materials expert witnesses may consult on material failure analysis, building materials, material testing, and industrial materials processing. SFgate.com reports this week that the new eastern span of the SF-Oakland Bay Bridge has bolts made from galvanized steel that is virtually identical to that banned for use on bridges due to cracking. Dr. Charles J. McMahon, Jr., Professor Emeritus, Materials Science and Engineering, says “this steel is almost guaranteed to give you cracking under these conditions.”

Caltrans is testing bolts on the bridge that are similar to ones that cracked when workers tightened them in March.

Cell phone tracking expert witnesses may provide reports regarding electronic surveillance, internet and computer surveillance, cell phone tracking and associated matters. In INDIVIDUAL PRIVACY VERSUS CELLPHONE PINGING: The Tension between Modern Technology, Constitution and the Courts, Houston criminal lawyer John Floyd and paralegal Billy Sinclair describe cell phone pinging and how it can be subject to abuse, e.g. violation of privacy.

Read their discussion: http://www.johntfloyd.com/blog/2013/04/individual-privacy-versus-cellphone-pinging/

In Construction site injuries/fatalities OSHA expert witness Jon J. Pina writes:

Construction sites have ranked high on OSHA’s “hit list” for random inspections simply because of their high fatality rate. Due to the nature of different tasks among various contractors many hazards may exist and develop on a continual basis as work progresses. OSHA’s Multi-employer Directive is an enforcement regulation developed to coordinate activities to ensure contractors work safely and don’t create hazards for other contractor employees. The four entities of the Multi-employer Directive are the “controlling,” “creating,” “correcting,” and “exposing” employer.

Most fatalities are caused by falls from elevation, equipment struck-bys, electrical shock, and trenching cave-ins. The General Contractor (GC) or Construction Manager (GM) is usually the “controlling” employer by contract and ultimately responsible for the safety management of all parties. Job Safety Analyses (JSA) s, a valuable tool developed for all tasks and used in “toolbox” meetings, should be mandatory along with a site specific safety and health plan. All contractor and subcontractor safety and health plans should be at as strict as the safety and health program of the GC or GM.

Wrongful death expert witnesses may consult on issues involving wrongful death claims, wrongful death lawsuits, and wrongful death awards. A New York wrongful death case joined the multidistrict litigation taking place in Philadelphia against McNeil Consumer & Specialty Pharmaceuticals. Cathleen Murphy filed suit after the death of her husband Michael Murphy which she says is a result of taking Extra Strength Tylenol. Murphy claims the pharmaceutical is toxic to the liver. Mr. Murphy died of acute liver failure. U.S. District Judge Lawrence F. Stengel is presiding.

http://www.fjc.gov/servlet/nGetInfo?jid=3063&cid=999&ctype=na&instate=na

Silicone expert witnesses may opine on silicone products, silicone polymer and silicone gel-filled breast implants. Five French executives at French company Poly Implant Prothese went on trial in Marseilles, France, over implants found to be unsafe. Over 300,000 women around the world got the implants which has resulted in 5,000 civil plaintiffs. Poly Implant Prothese sold the implants world wide from 2001 to 2010. French authorities advised women to have the the implants surgically removed to safeguard against leaking and the inferior gel releasing toxic substances.

PIP’s founder Jean-Claude Mas has admitted filling the implants with a homemade recipe of industrial grade silicone gel. He is under investigation for manslaughter in the death of a woman with the implants who died of cancer. Mas worked as a medical sales representative for Bristol Myers for 15 years before starting PIP. PIP has now gone into liquidation.

More information at http://www.reuters.com/.

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 5 of 10 An agent, more often than not, has a duty to advise (his clients). In the 2007 study “INSURANCE AGENTS’ DUTY TO ADVISE”, The Hassett Law Firm, P.L.C., of Phoenix, AZ, dealt with this question in an article by the same name. Two-thirds of the states’ case law indicates that, yes, agents do have a duty to advise their clients, at least on a case-by-case basis. This duty may be difficult to establish in 13 states, and agents are considered simply “order takers” in five states (AL, MT, RI, UT, WV). Attorneys need to check their specific state statutes and case law on this issue. As regards the precise scope of this duty, variances do exist between each state.

Lesson #5: Agents (in most cases) have a duty to do more than to just place coverage and have a responsibility to use their special knowledge to the benefit of their clients.

White collar crime expert witnesses may testify regarding fraud examination, business crimes, white collar employees, and fraud. This week Evan B. Dooley of Mount Pleasant, TN, was sentenced in Chicago to five years in federal prison for violating the Commodity Exchange Act. Dooley made unlawful futures trades on the Chicago Board of Trade while working at MF Global Inc. from 2006 to 2008. As a result, MF Global Inc. lost $141 million which Dooley was ordered to repay.

More info at http://www.therepublic.com/.

Psychiatry expert Dr. Erik David Knudson examined Aaron Schaffhausen and testified in St. Croix County District Court that he believes Schaffhausen was sane when he killed his three daughters in July. Schaffhausen admits to killing his children but says he is not responsible due to his mental illness. The jury rejected his insanity defense and he was found guilty Tuesday.

The forensic psychiatry expert witness testified that none of the defendant’s diagnoses qualified as legal insanity. Dr. Knudson practices at the Mendota Mental Health Institute in psychiatry and forensic psychiatry.

Read more at http://kstp.com/news/.

Environmental toxicology expert witnesses may write reports and opine regarding toxic chemicals exposure, PCBs, forensic toxicology, and related matters. The Washington state Senate Energy, Environment and Telecommunications Committee heard testimony on legislation to ban two carcinogenic flame retardants in car seats, strollers and other products made for young children. Chlorinated Tris (TDCPP) was banned from children’s sleepwear in 1977 but is still used as a foam additive. New York state banned TCEP from children’s products two years ago.

The Washington State Council of Fire Fighters and the Washington Toxics Coalition supports the Toxic-Free Kids and Families Act (House Bill 1294 and Senate Bill 5181) which bans two forms of tris flame retardants (TDCPP and TCEP) in children’s products and home furniture beginning July 1, 2014. It would also prevent makers of children’s products and home furniture from replacing Tris with other toxic flame retardants that have been identified by the state Ecology Department as a concern for children’s health beginning July 1, 2015.

In Property & Casualty Insurance Procurement & Litigation (Ten Recurring Themes Every Lawyer Should Know) property insurance expert witness David L. Stegall, CPCU, ARM, ARe, RPA, of Risk Consulting & Expert Services writes on ten recurring themes that often lead to litigation. Attorneys either dealing in insurance procurement litigation issues or with clients who purchase insurance may want to consider these ten themes:

Theme 4 of 10 All insurance buyers are not created equal. A large business or wealthy individual/family have much different insurance needs than a small to medium-sized business or a low to middle-income individual/family. One size does not fit all and insurance companies are no longer all things to all insurance buyers. Insurance companies have become very specific in their target markets. Insurance should be purchased from an agent experienced in providing coverage for the size and type business or household of the buyer’s size or situation. Agents who do not have the requisite knowledge of the industry and the client should not sell the coverage. The agents cannot be the sole decision-makers on these matters; their legal ability to write a policy does not necessarily mean they are qualified to write it from the buyers’ perspective.

Lesson #4: Your client (the insurance buyer) should make sure the agent is experienced in writing policies of the size and scope of the policy being purchased from them.