Articles Posted in Researching Experts

Electrical expert witnesses may consult on issues regarding electrical design evaluation, electrical accidents, and electrical shock. At http://www.intelligentutility.com/, electrical engineer Donald R. Johnson writes: “Stray voltage is a much more common occurrence than the general public realizes.” Mr. Johnson specializes in evaluating stray voltage as well as high and low voltage electrical contacts.

Wikipedia describes stray voltage as “the occurrence of electrical potential between two objects that ideally should not have any voltage difference between them.”

Fuels expert witnesses may consult regarding fuel systems, petroleum, crude oil, fracking, and natural gas. In the news, The Center for Sustainable Shale Development has created environmental standards for shale drilling in Ohio and Pennsylvania. Formed by energy companies, two foundations, and five state and national environmental groups, the Center was formed last month to develop standards for drilling and production of shale gas. Their mission is to “develop and implement drilling and production standards for shale gas that are environmentally safe and can be certified by an independent third party.”

http://abcnews.go.com reports on reactions from environmental groups and drillers.

Computer security expert witnesses may consult on network security, computer forensics, computer crime, data security, and related matters. In Testifying as an expert witness in computer crimes cases, Deb Shinder writes:

IT professionals who are recognized as experts in their fields have the opportunity to help convict criminals in computer crimes cases or see justice done in civil litigation cases that involve technology, and make some extra income at the same time, by serving as expert witnesses for the prosecution, defense or one of the parties to a lawsuit. However, preparation, qualification and testimony in a court case are serious undertakings that involve a great deal of work, and you need to know what you’re getting into and what to expect before you take on the challenge.

Debra Littlejohn Shinder, MCSE, MVP is a technology consultant, trainer, and writer who has authored a number of books on computer operating systems, networking, and security. Read more: techrepublic.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 3 of 10 There needs to be a clear understanding of the coverage purchased. Agents, brokers and underwriters are often cautioned not to answer questions about coverages in writing by their superiors and their professional (Errors & Omissions) liability insurance companies. The fear is that the agent will somehow, inadvertently, change the meaning of the insurance policy and/or later be accused of practicing law without a license. There is nothing improper when a purveyor of insurance states their understanding of how a policy would be interpreted in a claims scenario; in fact, it is completely proper and demonstrates a greater degree of care.

In addition, the customer will (hopefully) learn that they have purchased what they thought they have purchased. Agents, brokers and underwriters sell thousands of contracts of insurance everyday. Are they really not supposed to know how they would be interpreted in a claims situation? If the agent or broker will not do it, then ask the underwriter to explain. Refusal to do so should arouse suspicion and other agents or brokers need to be contacted.

OSHA expert witnesses may consult and write reports on workplace safety, job hazards, OSHA regulations and more. The Occupational Safety and Health Administration released findings this month against the Norfolk Southern Railway over its actions in response to an injured worker. PRNewswire reports that Northern Southern Railway fired a Brotherhood of Maintenance of Way Employee (Division of the International Brotherhood of Teamsters) when he reported an on the job eye injury. The railway violated employee protections of the Federal Railroad Safety Act (49 U.S.C. §20109).

The employee was reinstated and awarded lost wages and benefits in addition to compensatory and punitive damages.

Pesticide pollution expert witnesses may report on pesticide products, pesticide regulations, insecticides, and associated topics. In the news, pesticide application may pose a microbiological public health risk. The consumption of fresh produce is frequently associated with outbreaks of human norovirus (hNoV) disease. Data published in the International Journal of Food Microbiology documents that noroviruses are found in water sources used to reconstitute pesticides and that fresh produce may get contaminated with infectious norovirus by pesticide application.

Read more: http://www.sciencedirect.com/.

Patentability requirements expert witnesses may consult on drug patents, patent prosecution, patent infringement, computer patents, design patents, and more. At BitLaw.com attorney Dan Tysver discusses what makes an invention patentable including the language in 35 U.S.C. 101.

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Mr. Tysver is a patent attorney focusing primarily on the areas of computer hardware and software, data storage, and consumer electronics.

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 2 of 10 Premium payment is the basis of which all other obligations follow. Paying premiums to an agent of an insurance company is ordinarily the same as paying the insurance company. Is the person for whom your client is buying the insurance an agent or a broker? This information is usually not on the proposal. An insurance buyer needs to be sure the premium is paid to the insurance company or the company’s authorized representative (i.e., Agent) and not to a broker, who is not an authorized representative of the insurance company. The cases of brokers taking premiums from their clients and not conveying the money to the insurance company is, unfortunately, more common than one might expect and for this reason, payment to the insurance company is preferred.

Lesson #2: Your client (the Insurance buyer) knows they have purchased insurance if they have paid for it – so the buyer needs to make sure the premiums are paid to the insurance company.

Forensic toxicology expert witness Dr. Connie Luckie testified Friday in the Hampton, VA, case against Jesse Evans Jr. Evans is charged with killing two university students and injurying three others in a wrong way head on collision. Dr. Luckie testified that Evans’ his blood alcohol level was 0.26, which would have taken 10 to 12 beers within an hour. Alcohol as found in both vehicles. Dr. Luckie is a forensic scientist for the state of Virginia.

International patents expert witnesses may opine on international patents and licensing, drug patents, patent prosecution, and patent infringement. The USPTO describes the Leahy-Smith America Invents Act (effective 3/16/13):

“Migration to a first-inventor-to-file system will bring greater transparency, objectivity, predictability, and simplicity to patentability determinations and is another step towards harmonizing U.S. patent law with that of other industrialized countries,” said Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea.

Prior to the passage of the AIA, the USPTO was the only national patent office using a “first-to-invent” system. First-inventor-to-file complements USPTO’s existing efforts toward greater harmonization with foreign counterparts. One result of these efforts is the Cooperative Patent Classification system launched on January 1st of this year, a common classification system that will enhance the examination capabilities of both the USPTO and the European Patent Office. Another such effort is USPTO’s ongoing coordination with the world’s largest patent offices–the so-called Tegernsee Group dialogues. The USPTO currently is seeking comment on these initiatives.