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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/

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Ernst & Young’s Andre Toh testified as a business valuation expert witness in the trial against three Profitable Plots directors accused of cheating 86 clients in Singapore of more than $8M US. The fraudulent investment plan was the work of Timothy N. Goldring, John A. Nordmann, and Geraldine A. Thomas. Mr. Toh specializes in valuation and business modeling.

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In Zithromax and Sudden Death, emergency medicine expert witness Barry E. Gustin, MD, MPH, FAAEP, FACFM, writes:

At one time or another, most of us have taken the antibiotic, Zithromax. It is one of the most commonly prescribed medications for conditions including bronchitis, pharyngitis, sinusitis, and others. The discussion that follows has to do with Zithromax’s side-effects, some of which are potentially life-threatening. Recently, I have seen a case in my emergency room of sudden cardiac arrest secondary to the cardiac effects of Zithromax. The FDA has recently warned of this phenomenon.

A recent FDA bulletin wrote that antibiotic azithromycin (Zithromax, Zmax; Pfizer) poses the risk of a potentially fatal irregular heart rhythm and therefore warrants careful screening of patients for this drug.

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In Seven Costly Mistakes Attorneys Make With Medical Negligence Cases, Dr. Burton Bentley of Elite Medical Experts LLC writes:

Although the rate of negligence claims against medical providers has begun to level off, the cost of litigating these actions has risen dramatically. Vast amounts of time and money are lost when attorneys – whether retained by plaintiff or defense – pursue a non-meritorious case or litigate a worthy case inefficiently. Beware of the following costly errors:

MISTAKE #2: UTILIZING AN EXPERT WHO IS NOT BOARD-CERTIFIED BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES When credibility and professionalism is paramount, it is surprising that so many firms utilize experts with questionable credentials. Although the internet has provided countless means by which any “expert” can purchase “board certification”, there is only one universally accepted gold-standard for Board Certification: The American Board of Medical Specialties. The ABMS is a non-profit organization that oversees standards and certification for all twenty-four recognized medical and surgical specialties.

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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.

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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

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BP’s petroleum engineering expert witness testified this week that the company was drilling safely before the Deepwater Horizon disaster. Retired LSU professor Adam T. Bourgoyne Jr. is president of Bourgoyne Enterprises, Inc. and active as a professional petroleum engineer. He described the Deepwater crew as following normal industry practices at the Macondo well. U.S. District Court, Eastern District of Louisiana judge Carl J. Barbier is hearing the case. In a separate trial, two BP well supervisors are charged with manslaughter in the deaths of eleven workers.

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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/.

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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 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.

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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/.