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Mechanical engineering expert witnesses may opine on issues regarding applied mechanics, mechanical failures, mechanical systems, and associated matters. This week, Garfield County Oklahoma District Court Judge Dennis Hladik ruled that the discovery deadline will not be extended to include expert witness George Wandling in the negligence case against Zaloudek Grain Co. Plaintiffs include the families of young men who lost their legs while working at a company grain elevator. Dr. Wandling, P.E., C.F.E.I., President of Wandling Engineering, is an expert on the design of the grain facilities.

Complicating matters, insurance company CompSource refused to cover the accident. Zaloudek’s worker compensation policy was cancelled when the company did not provide information for an audit in a timely way.

Read more: http://enidnews.com/

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White collar crime expert witnesses may give opinions regarding business crimes, insider trading, and fraud. Reuters reports that KPMG has resigned as auditor of Herbalife Ltd. and Skechers USA Inc. with an FBI insider trading investigation underway. Los Angeles KPMG senior partner Scott London admitted to the leaks and has left the firm.

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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.

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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.

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Oil and gas expert witnesses may provide reports and opine regarding pipelines, pipeline ruptures, oil and gas pumps, and more. In the news, Exxon Mobil will pay for the cleanup near Little Rock, Arkansas after a pipeline burst last week resulting in 22 homes being evacuated. The federal Pipeline and Hazardous Materials Safety Administration will examine the site before operations may resume on the pipeline carrying crude oil from Patoka, IL, to Nederland, TX. The pipeline was built between 1947 and 1948. Arkansas AG Dustin McDaniel is investigating having the Pegasus pipeline moved outside the area that drains into a drinking water source.

See ABC video: http://abcnews.go.com/US/exxon-mobil-pay-arkansas-oil-spill/story?id=18873237#.UWB2F8VXqVo

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Criminal law experts may consult on criminal law procedure, the criminal justice process, and grand juries, as well as related issues. PRWeb reports that American University Professor Jon Gould has completed a three year empirical study on predicting wrongful convictions. Dr. Gould is Director of the Washington Institute for Public and International Affairs Research as well as Principal Investigator, Preventing Wrongful Convictions Project Affiliate Professor, Washington College of Law. The study identifies ten factors in wrong convictions.

Read more: http://www.prweb.com/releases/2013/3/prweb10513834.htm.

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U.S. District Judge Carl Barbier released Cameron International Corporation as a defendant in the first phase of the trial to identify responsibility in the 2010 Deepwater Horizon disaster. Cameron produced the blowout preventer used on the Deepwater Horizon oil rig and Judge Barbier found no negligence on their part. Cameron is a global provider of pressure control, processing, flow control and compression systems for the oil and gas industries.

Remaining defendants in the case include British Petroleum PLC, rig owner Transocean Ltd., and cement contractor Halliburton.

Read more: http://news.yahoo.com/

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Columbia Professor of Law Jeffrey Fagan testified in the trial against the New York City Police Department’s “stop and frisk” program. The police procedures expert witness represented plaintiffs who say they were illegally stopped and frisked. Ny1.com reports Fagan testified that the “stop and frisk” practice was based on race which the NY Police Department denies.

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In W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees,” legal fees expert witness James King writes:

W.D. Penn. Court reduces “Petition for Reasonable Attorneys Fees” to make requested hourly rates consistent with prevailing market rates for routine discovery disputes, rather than “overall trial victories.”

In Sandvik Intellectual Prop. AB v. Kennametal Inc., 02:10-CV-000654, 2013 WL 141193 (W.D. Pa. Jan. 11, 2013), the prevailing party in a discovery suit sought reimbursement for 264.20 hours which resulted in counsel fees of $98,384.01 for time expended by its attorneys as a direct result of Sandvik’s lengthy pattern of discovery delay, obfuscation, and misconduct. The District Court granted the petition for fees, but reduced it by 20% on the basis that the fee request cited prevailing market rates for attorneys performing “trial” litigation work as opposed to “discovery” litigation work. In support of its fee request, the Pittsburgh law firm Kilpatrick Townsend submitted to the court the published rates of Pittsburgh firms Reed Smith and K & L Gates. The Court reached its result as follows:

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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 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.

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