Railroad expert witnesses may give opinions regarding railroad accident reconstruction, railroad accident investigation, train wrecks, and railroad safety. In the news, a Union Pacific train struck a Burlington Northern Train about 120 miles south of St. Louis on Saturday causing a highway overpass to collapse. The locomotive and a dozen cars derailed which injured seven people. A post-crash fire was reported.
More info: http://www.ntsb.gov/investigations/2013/scott_city_mo/scott_city_mo.html.
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 8 of 10 Property values matter and vary based on the purpose of the valuation. Although this issue seems easy, there is more contention at the time of a property claim on this issue than practically any other issue. The problem is usually the misunderstanding on the part of property insurance buyers as to the relationship between “Market Values,” which is usually how much they paid for the property, versus an insurance contract’s definition of property value. In a property insurance policy, usually there are two ways and sometimes three ways of purchasing the correct value. The first is “Replacement Cost,” which is the cost of repairing or replacing the property with like or similar materials or paying cash for up to the replacement cost designated on the policy. The second is “Actual Cash Value” meaning replacement cost minus depreciation and the third is “Stated Amount Value” meaning an agreement is made up-front with the insurance buyer and the insurance company as to how much the property is worth and the valuation basis at the time of a claim.
Confusion often arises for two reasons: First, over the difference between the Replacement Cost Value (what it would cost to repair or replace with like materials) or Actual Cash Value (replacement cost minus depreciation) of a structure and its market price. Market price has nothing to do with the insurable value and is based on a completely separate set of criteria. Primarily, it is based on location and real estate market forces; secondly, the amount borrowed from a lender to purchase the structure and the lenders’ contractual requirements for purchasing coverage to protect their interest.
Transportation construction expert witnesses may provide reports and testimony regarding design, surveying, construction, operation, and maintenance of highways, roadways, bridges, and tunnels, as well as associated matters. In the news, a bridge on I-5 near Mount Vernon, WA, collapsed after a semi-trailer truck hauling over-sized drilling equipment struck the bridge’s trusses. The 55 year old bridge is rated a “fracture critical” design – the failure of just one part could cause the entire bridge to collapse. According to the US DOT website:
The bridge carries an estimated 71,000 vehicles each day and is a major commercial route between Washington and Canada. Approximately 11 percent of the vehicles are commercial trucks transporting goods between the two countries.
Patent protection expert witnesses may write reports on software patents, invention patents, patentability requirements, license agreements, and correlated matters. In Startups and Patent Trolls, Santa Clara University Assistant Professor of Law Colleen V. Chien writes:
Abstract:
While patent assertion entities (“PAEs” or patent “trolls”) have received a lot of attention, little of it has focused on the distributional impacts of their demands. The impact of PAEs on startups is crucial, because startups contribute to job creation and innovation, making them potential targets and sources of patents. To assess the impact of trolls on startups, I analyzed a comprehensive database of patent litigations from 2006 to the present, conducted a non-random survey of 223 tech company startups, 79 of which had received a demand, and interviewed nearly twenty entities with relevant knowledge of startup patent issues.
Petroleum engineering expert witnesses may consult on petrochemical engineering, horizontal drilling, and enhanced oil recovery. In Competing Views on the Permissible Scope of In-House Expert Witness Discovery at FERC: Without Guidance, FERC Litigants Face Risk and Uncertaintyattorney Jason T. Gray writes for Energybiz.com. He discusses:
The Development of FERC’s Discovery Rules
Competing Views on the Scope of Permissible Discovery of In-House Expert Witness Materials
Physical therapy expert witnesses found here may testify regarding the use of therapeutic exercise, manipulations, massage therapy, body therapy, and bodywork. In Special Considerations in Cases of Trauma, The Ethics of Touch, a book on ethics, sexual trauma, and professional boundaries, Dr. Ben E. Benjamin writes:
On average, one of every five clients a practitioner sees has a history of trauma or abuse. Whether or not you are aware of it, in a large percentage of your sessions, the client in your treatment room may be a survivor. Even the client might not know. To avoid ethical complications, every practitioner who uses touch needs basic knowledge about trauma and abuse survivors and a clear protocol for working with these particular clients.
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 7 of 10 Understand Uninsured/Underinsured Motorist (UM) coverage before it is needed. This coverage acts as the liability coverage for persons who injure you, your family, your employees or anyone driving your car with your permission when the person who causes injury either does not have liability insurance or is underinsured. Various states handle the issue of UM coverage differently, and apart from the 12 states that provide so-called ‘no-fault” coverage with Personal Injury Protection (PIP), insurance buyers seldom purchase adequate Automobile UM Liability Limits.
With this in mind, the minimum limit an automobile policy provides is typically woefully inadequate. It is estimated that 15 percent of all drivers on the road are without insurance and even more have minimum limits. In some states, this average percentage can be doubled.
Real estate damages expert witnesses may give expert opinions on a wide range of issues including flood damage, hurricane damage, damage impact and related matters. In Sandy-Related Suits Against Co-ops, Condos Face Unique Challenges, the New York Law Journal reports on lawsuits filed by condo and co-op owners in the aftermath of Hurricane Sandy. Owners are suing their building management over failure to protect their property in the disaster. NYLJ says the plaintiffs face a unique difficulty. “How can they show that the managers failed to prepare adequately for a disaster that no one had seen before?”
Explosions expert witnesses may consult regarding flammable materials, chemical explosions, and combustion. In the news, MailOnline reports that “a malfunctioning golf cart, faulty electrical system or even arson” could have led to the fire that triggered the deadly explosion of a fertilizer plant in West, Texas. Officials have yet to find the cause of a blast that killed 14 people, including 12 first responders. The blast formed a crater 93′ wide by 10′ deep.
Read more: http://www.dailymail.co.uk/.
Patent litigation expert witnesses may consult and testify on patent prosecution, patent infringement, design patents, exclusive rights, and more. The Santa Clara University School of Law has released a study entitled Best Practices in Patent Litigation Survey which describes how patents have become a major part of business planning. Reuters reports that the survey discusses “patent assertion entities,” which are companies that do not make anything themselves.
Scholarly papers by Assistant Professor Colleen V. Chien,
Santa Clara University – School of Law. including Startups and Patent Trolls may be found here:
