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Medical toxicology expert witnesses may consult on adverse drug reactions, drug toxicology, overdoses, poisoning, and forensic toxicology. www.dailyrx.com reports on a study published in the journal Pediatrics this week showing that the rising use of prescription drugs by adults in the U.S. has led to more poisonings among children. Led by Dr. Lindsey C. Burghardt, Division of Emergency Medicine at Boston Children’s Hospital, the study used data from the National Poison Data System as well as National Ambulatory Medicare Care Surveys.

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Sanity expert witnesses may provide testimony regarding insanity pleas, clinical competency, diminished capacity, testamentary capacity, insanity defense, and more. In the news, 18th Judicial District Judge Carlos Armando Samour Jr., Centennial, CO, accepted James Holmes’ plea of not guilty by reason of insanity. Colorado law defines insanity as the inability to distinguish right from wrong caused by a diseased or defective mind. Judge Samour set a date of August 2, 2013, to complete a mental evaluation. Holmes faces more than 160 counts of murder and attempted murder after killing twelve and injuring seventy in a Denver suburb movie theater.

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

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Accident reconstruction expert witnesses may consult regarding collision analysis, crash worthiness, traffic accident reconstruction, and injury reconstruction issues. This week Chrysler Group refused to recall 2.7 million Jeeps that federal safety officials say are dangerous. The Jeep maker disagrees with the National Highway Traffic Safety Administration’s analysis that rear mounted gas tanks in 1993-2004 Jeep Grand Cherokees and the 2002-2007 Jeep Liberty models may cause a vehicle fire in a rear end collision.

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DNA expert witnesses may give opinions regarding serology, DNA testing, forensic DNA, DNA fingerprinting, and related matters. This week, the US Supreme Court ruled that police may take DNA samples from people arrested in connection with serious crimes. Justice Anthony Kennedy wrote: “A suspect’s criminal history is a critical part of his identity that officers should know when processing him for detention.”

Slip opinion Maryland v. King: http://www.supremecourt.gov/opinions/12pdf/12-207_d18e.pdf

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In Workers’ Compensation Underwriting Philosophy as Partnership, workers compensation expert witness David L. Stegall, CPCU, ARM, ARe, RPA, writes:

An underwriting philosophy is the logical analysis of the principles and processes underlying the conduct, thought and knowledge used in selecting and assuming the risk of another party.

Philosophy attempts to draw unity from diversity. It attempts to deduce conclusions (leading to unity) based on overall observations, both direct and indirect (diversity). The unity we are attempting to achieve is profitable business. The diversity is all of the risks, which we, as a company, have the capacity and authority to assume. Selection is the key. Underwriting is a process of selection.

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In Samsung accuses Apple’s expert witnesses of being ‘iSheep’ in patent trial, information communications technology writer Zach Epstein, Executive Editor at BGR, reports that Samsung has described Apple’s patents expert witnesses as having a “slavish adoration” to the company.

Read more: http://bgr.com/2012/05/22/apple-samsung-patent-trial-isheep-witnesses/

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In Preparing an Expert Witness for Direct Examination: Time for a Pep Talk, medical expert witness Burton Bentley II, M.D., FAAEM, ELITE MEDICAL EXPERTS, LLC, writes:

From the perspective of the expert witness, direct examination is not a particularly enjoyable process. The adversarial environment, intensity of focus, and technical nature of the data all combine to add stress to an already demanding situation. Experts themselves also may have some degree of self-doubt, a subliminal fear of being placed under scrutiny magnified by the inherent human tendency to avoid criticizing others. In the absence of a focused mind, even the staunchest expert may melt under the spotlight of skillful direct examination. Consequently, an astute litigator must understand the perspective of the expert and then reinforce the skills that will lead to the expert’s success. Toward this end, a basic pep talk is a good place to begin.

Start with the essentials. Explain that direct examination is a dialogue between the expert and opposing counsel. When the examination occurs at deposition, it may take place at a law firm, an office, or another neutral location. When it occurs at trial, the expert will be in front of a judge and jury. Many experts view deposition as a dress rehearsal for trial, a mistaken perspective that downplays the significance of rigorous preparation and attention. The key is to understand that deposition is simply an extension of the courtroom and that testimony will be under oath and used in court. Consequently, instruct the expert to prepare for deposition and trial with equal intensity. Remind the expert that their behavior, mannerisms, physical appearance, and attire may directly or indirectly influence their perception as a credible expert. Since you are experienced in the techniques necessary to prevail at trial, build teamwork by asking the expert to listen carefully to your suggestions. Similarly, remind the physician that you respect his or her own critical strengths: the skill of speaking to people in stressful situations and the intelligence of being a learned expert. It is the combination of the litigator’s experience and the physician’s abilities that will increase the probability of success in any given case.

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Money laundering expert witnesses may provide reports and expert testimony on anti-racketeering law, organized crime, and embezzlement, as well as related topics. In the news, www.miamiherald,com reports that 7 people have been charged in the biggest money-laundering scheme in U.S. history. Liberty Reserve is accused of laundering $8B over the past seven years. The company’s principals were arrested in Costa Rica, Spain and New York. Based in Costa Rica, Liberty Reserve was a digital currency service that allowed users to register and transfer money.

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In Real Estate Management, property management expert witness Ms. Ann E. Reisch, CCIM, CPM, RPA, writes:

Real estate management, also known as property management, is the specialized field within the real estate industry that supervises the operations of a property in accordance with the owner’s objectives. A real estate manager is responsible for the physical and financial operations of a property or group of properties. Managing a property is the same as running a business and expertise is required in the areas of finance, accounting, economics, marketing, customer relations, personnel, risk management, law and organizational operations. Successfully managing properties encompasses all of these areas as well as other specialized and technical areas of expertise.

Regardless of whether a building is designed to live, work or shop in, the fundamental principles of real estate management remain the same. Investment properties have tenants to interact with on a regular basis, maintenance requirements to continuously manage, and financial operations to meticulously oversee. Whether the property is an apartment community, an office building, a retail shopping center, an industrial warehouse, a parking garage or any other type of property, proficient management is required for success.

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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 9 of 10 Coinsurance is one of the most common insurance purchase misunderstandings. The coinsurance clause/penalty is a stated understanding and agreement within most property policies that requires the property owner to purchase insurance for a certain percentage of the full value of the property. The trade-off is, if the property is insured to the required value, the insurance company will use the lowest possible rates for calculating premiums. However, if the property is not insured to the required amount, then partial claims (versus total losses) will be paid in a ratio of the amount insured divided by the amount that should have been insured multiplied by the partial loss. The Co-Insurance Penalty formula is: the amount insured, divided by the amount required to be insured, multiplied by the partial loss amount, equals the claim payment amount.

Example: Property is purchased for $120,000 (includes the land, which is not insured). The building on the property is 25 years old and has a replacement cost value of $100,000. There is a mortgage on the property for $50,000, and the mortgage company requires fire insurance coverage of at least that same amount. The owner buys a fire insurance policy with a limit of $50,000 and the policy has an 80% coinsurance clause. During the policy period, a fire occurs causing $20,000 in fire damage. How much will the insurance company pay? Answer: $12,500 (not $20,000.) Why? Amount insured ($50,000) divided by the minimum amount for which it should have been insured for ($80,000, which is 80% of $100,000) multiplied by the amount of the partial fire loss ($20,000) equals $12,500. This is a relatively easy calculation but a concept that is almost never understood by a claimant at the time of a loss.

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