Expert Witness Blog

Dr. Monique Busch, PhD, ACSW, LCSW, of Performance Solutions Unlimited, LLC, writes on what it takes to consult as a child welfare expert witness.

Being an expert witness is so often more about being an expert consultant as matters are less likely to go to trial and more likely to settle or to be mediated. I have found as an expert in child welfare matters that some of the more helpful information that I have to contribute has to do with understanding day-to-day operations of the industry, functions of key players, checks and balances in the system, and the federal, as well as state laws that make state public child welfare agencies more alike than different.

Child welfare matters involve a great number of different professionals: public child welfare agency personnel; legal – juvenile courts, family courts, guardian ad litem, court appointed special advocate (CASA), attorneys, law enforcement; medical; mental health; and familial. I believe that being passionate about the subject matter in which one is an expert is important. These matters pull on the heart strings, and it is critically important to keep the child(ren) in the matter as the focal point.

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 1 of 10

There are important differences between an insurance agent, an insurance broker, a wholesale broker and a Managing General Agent (MGA). An insurance agent is an authorized representative of an insurance company by contract and represents the insurance company to the buyer. An insurance broker is not an authorized representative of an insurance company, rather, the representative of the buyer to an insurance company. Both agents and brokers may be paid a commission by an insurance company but the nuanced relationship can become very important, particularly in a retail situation versus a wholesale situation.

Construction expert witness Paul Gogulski, BSCE, PE, of Gogulski & Associates, Inc., has teamed with other engineering experts in creating a program that allows project managers to see construction development through 3D video.

Gogulski believes that the program he developed with Keith Plemmons PhD, PE, PMP, and Benjamin Lamoreaux, PE, President of the Lamoreaux Group, will help set new standards in the construction industry by improving the accuracy of project reporting and minimizing risk.

Read more at prweb.com.

In EVALUATING AN EXPERT WITNESS FOR SCHOOL SAFETY CASES, school safety expert witness Michael Dorn writes:

Questions to Ask a Potential Expert Witness for School Safety Cases

Time and money spent up front to carefully evaluate an expert’s suitability for a particular case can save considerable time and money and prevent major problems down the road. Though attorneys and school safety experts are busy professionals, both should be prepared to take the time necessary to ensure the expert is a proper fit for the issues to be evaluated in the case.

In DUE DILIGENCE: SECURITIES APPLICATIONS AND REGULATORY REQUIREMENTS, 2011, securities expert witness Douglas J. Schulz writes:

INTRODUCTION This article is to inform and assist the individual or entity who is claiming that their securities professional and firm failed in their duty to conduct thorough, proper investigation and research, commonly known as “due diligence”. Investment professionals, regulators and lawyers often inappropriately use the term due diligence, which causes confusion in both the implementation of “due diligence” work and later in the attempt to ferret out the regulatory requirements under the rules relating to due diligence. The term “due diligence” has applications in numerous investment products and services. It is of the utmost importance that all practitioners fully understand their obligations and liabilities as it relates to this investigative research guideline and rule.

Mr. Schulz has been in the securities business professionally for 33 years and has been hired over 1,100 times as a securities expert.

Asbestos expert witnesses may give opinions regarding asbestos abatement, asbestos exposure, and asbestos hazards. The Madison County Record recently reported that 2012 Madison County, IL, asbestos filings were up by 600 cases from 2011. The EPA website explains that most uses of asbestos are not banned. A few are banned under existing regulations. General information on asbestos may be found on the EPA website which answers questions including:

Where Can I Find Asbestos?

Because of its fiber strength and heat resistance asbestos has been used in a variety of building construction materials for insulation and as a fire retardant. Asbestos has also been used in a wide range of manufactured goods, mostly in building materials (roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products), friction products (automobile clutch, brake, and transmission parts), heat-resistant fabrics, packaging, gaskets, and coatings.