by

SEAK, Inc. will present its 22nd Annual National Expert Witness Conference April 27-28 in Rosemont, Illinois. SEAK writes:

Experts from all disciplines and with all levels of experience will benefit from multi-disciplinary advanced techniques. Nationally recognized presenters will discuss all aspects of expert witness testimony, ethics, and trial techniques. Conference participants will be presented with practical suggestions for succeeding as expert witnesses. This highly-acclaimed two-day program will include intensive breakout sessions.

SEAK has trained well over 20,000 expert witnesses, physicians, lawyers and nurses nationwide, and is located on Cape Cod, MA. More info: http://store.seak.com/22nd-annual-national-expert-witness-conference-april-27-28-2013/

by

Aircraft design expert witnesses may report on the airline industry, aviation accident analysis, aviation safety, the aircraft industry and associated matters. In the news, Boeing 787 Dreamliners are grounded around the globe for safety checks. Aviation experts say that fires on two 787 aircraft were likely caused by lithium-ion batteries receiving too much voltage too quickly. Dr. Jay Whitacre, Associate Professor at the Department of Materials Science and Engineering, Carnegie Mellon University, states “Other batteries don’t go this wrong when you treat them this badly.” Professor Whitacre has worked on developing a materials system for energy storage technologies at the Jet Propulsion Laboratory and was a member of the Mars Science Laboratory development team.

by

Disabled access expert witnesses may report on accessibility standards, the Uniform Federal Accessibility Standards (UFAS), and the Americans with Disabilities Act. The ADA pool lift deadline of January 31, 2013, is fast approaching. ADA.gov offers QUESTIONS AND ANSWERS: ACCESSIBILITY REQUIREMENTS FOR EXISTING SWIMMING POOLS AT HOTELS AND OTHER PUBLIC ACCOMMODATIONS including:

What is the effective compliance date of the ADA standards for accessible pools?
What does the ADA require for accessibility of pools?

by

In Ohio Appellate Court finds expert testimony on legal malpractice required, legal ethics expert witness James King writes:

In a legal malpractice matter, an Ohio state appellate court affirmed a trial court ruling granting summary judgment to defendant attorneys on the basis that plaintiff failed to present expert testimony establishing that defendants failed to exercise “the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession.” McWilliams v. Schumacher, 2013-Ohio-29, 2013 WL 118918 at *6. The court cited to Ohio law requiring expert testimony demonstrating the attorney’s breach of his standard of care, in all cases except where the breach of care was ‘obvious’:

“[I]t is well settled in Ohio that in order to prevail on a legal malpractice claim a plaintiff must demonstrate, through expert testimony, by a preponderance of the evidence, that the representation of the attorney failed to meet the prevailing standard of care, and that the failure proximately caused damage or loss to the client. Zafirau v. Yelsky, 8th Dist. No. 89860, 2008–Ohio–1936, ¶ 27. Further, “the Supreme Court made it clear that there must be a causal connection between the lawyer’s failure to perform and the resulting damage or loss.” Jarrett v. Forbes, 8th Dist. No. 88867, 2007–Ohio–5072, ¶ 19, explaining Vahila v. Hall, 77 Ohio St.3d 421, 1997–Ohio–259, 674 N.E.2d 1164.

Continue reading

by

Pesticides expert witnesses may report on pesticide products, pesticide regulations, and pesticide contamination. Recent research is showing a strong link between pesticides and Parkinson’s disease among farm workers and those who live near croplands. PsychCentral.com reports that UCLA neurologists have discovered a link between Parkinson’s and the pesticide benomyl with effects ten years after it was banned.

Pesticides paraquat, maneb and ziram have also been tied to increases in Parkinson’s not just among farm workers but in those who simply lived or worked near fields where the pesticides were utilized.

by

Environmental toxicology expert witnesses may report on pollutants, black carbon and soot. The Journal of Geophysical Research has published a new study showing black carbon ranks #2 as a human contributor to climate change. Emissions from diesel engines and wood and coal fires create soot which contributes to hazardous air quality such as that seen in Beijing recently. Soot falls between carbon dioxide and methane in global warming caused by man.

The Journal of Geophysical Research is published by The American Geophysical Union, established in 1919, is a nonprofit corporation chartered under the laws of the District of Columbia. The Union is dedicated to the furtherance of the geophysical sciences through the individual efforts of its members and in cooperation with other national and international scientific organizations.

by

Medical negligence expert witnesses may consult on issues involving standards of medical care, healthcare providers malpractice, and medical malpractice litigation. In the news, PRWeb reports that medical malpractice is one of the causes of cerebral palsy. Medical malpractice attorney Dr. Bruce Fagel has tried cases where a child developed the disorder as a result of doctor malpractice or hospital malpractice. According to Dr. Fagel, “Cerebral palsy occurs as a result of abnormal brain development from damage to one or more areas of the brain, which usually happens during fetal development, but can also happen during birth, shortly after birth or within the first few years of life.” Dr. Fagel practiced emergency medicine for 10 years before becoming an attorney and he currently maintains his medical license in California.

http://www.fagellaw.com/

by

In Help! My New House Is Falling Down, architect Peter Lattey writes that uncovering construction defects requires an expert to discover the cause of damage.

Next comes the slightly tricky part. As a good lawyer, you need to have a construction defect expert that you can call on to help assess the issues of the case. This needs to be an expert who understands the two main areas of dispute in construction defect cases; construction contracts and the technical aspects of construction. The design and construction contracts define who is responsible for all aspects of the project, who approves the work, who pays for what and so forth. There are standard contracts available but these are not always used, and when they are used they are often not adhered to. This is especially true in small projects such as single family homes but can also be true of large commercial projects.

Construction today is a complex business. Even a single family home can have 20 or 30 trades installing different systems. When the systems are installed incorrectly they can interact in unexpected ways to create problems. Then the problems will need to be sorted out. This is no game for an amateur.

Continue reading

by

Securities expert witnesses may testify regarding securities regulation, securities fraud, the NASD, and associated matters. In the news, the SEC is investigating whether Ernst & Young, one of the largest professional service firms in the world, violated auditor rules by allowing its lobbying unit to work for audit clients.

Ernst & Young refers to the global organization of member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients.