by

In Cross-Examination Questions (and Answers) About Your Advertising, Rosalie Hamilton, the Expert’s Expert on marketing writes:

Some experts are understandably wary of advertising. I see some forensic advertising that I consider objectionable, advertising that a skilled attorney could use to impeach an expert witness. On the other hand, the mere fact that one advertises is not objectionable. Advertising, in and of itself, is not the basis of being viewed as a “hired gun.” That results, instead, from the prostituting of oneself by manipulating the facts and opinions to provide a desired conclusion.

If you are concerned about how you will look when answering questions about marketing your expert services, remember that the attorney grilling you is probably listed in local, state, and national bar association publications; Martindale-Hubbell(c) attorney directory; local, state, and national legal magazines and newspapers; the Yellow Pages; and his child’s athletic booster directory. As was the judge when he practiced law as an attorney!

Do *not* take the questioning personally. Your responses to the questions, rather than the questions themselves, will determine the attitude of jurors and even judges toward you. Practice maintaining your poise and responses to emotion-loaded questions.

Continue reading

by

Environmental expert witnesses may provide reports and expert testimony regarding EPA regulations, the National Environmental Protection Act, water pollution, the Clean Water Act, and more. Recently the EPA reached a settlement agreement with Davisco Foods International for dumping waste water containing phosphorus and ammonia pollutants over allowable limits into the Snake River. Davisco does not admit any liability in the U.S. District Court Boise, ID, case but will pay $300K in fines.

by

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

Insurance is a business based on the concept of “Utmost Good Faith” between the parties; this is the opposite of the “Caveat Emptor” (buyer beware) concept. This is particularly true of workers’ compensation where there are two beneficiaries to the agreement, the employer and the employee. Workers’ Compensation is one of the social programs that made our Free Enterprise System strong. In the 1920′s, when most states passed laws regarding workers’ compensation, it was agreed that these laws are beneficial to all parties. Employers could know the cost of labor, thereby allowing them the ability to manage their businesses and price their products with certainty and stability. Workers knew if an accident or illness did occur from their work, they would be able to receive benefits without filing suit against their employer and seeking relief in tort. This system bestows both rights and responsibilities on the parties to the agreement. It was intended to be a no-fault, non-adversarial system and to succeed it requires both parties to act with the utmost good faith.

David Stegall is the Principal Consultant at Risk Consulting & Expert Services.

by

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 10 of 10 Business Interruption, Income, Extra Expense and other time element coverages are unique to business entities and are seldom purchased correctly. These coverages are extremely important in that they are practically the only insurance coverages that will cover the future earnings of a business. Businesses that fail to purchase the coverage seldom fully recover after a major loss occurs. However, the process of purchasing the coverage is wrought with misunderstanding due to the use of what appears to be accounting terms, but are actually insurance terms. This causes confusion on the part of both insurance professionals and accounting personnel normally asked to complete the application forms. There are very few agents, brokers, or underwriters who can accurately assist in the application process, yet the actual process of buying coverage (not necessarily the correct coverage) is easy and often handled in a very cavalier manner. Very few insurance professionals within the industry have enough experience with business interruption and time-element coverage claims to understand the claims adjusting process. This makes misunderstandings common between buyers and insurance companies, which can lead to litigation.

Lesson #10: Have your client’s accountant work directly with the underwriter on this coverage procurement, if at all possible. The accuracy of the application for this coverage is paramount. Again, ask questions, make sure you understand how the coverage will respond in a loss scenario, follow-up in writing, and document answers.

Continue reading

by

Design patent expert witnesses may consult on computer patents, design patents, international patents and licensing. In Apple Loses The European Design Patent Case Against Samsung, Tim Worstall writes for Forbes.com that design patents in the EU are different than in the US. “This is about the look and feel of the device, not the technical manner in which it operates. Almost, but not quite, closer to a copyright or trademark issue than what we usually think of as a patent.”

Worstall is a British-born writer and blogger, who writes about many topics, but particularly about economics.

Read more: http://www.forbes.com/sites/timworstall

by

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.

by

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/

by

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.

by

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

by

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.

Continue reading