Expert Witness Blog

Movies expert witnesses may opine on film, royalties, motion picture distribution, copyright for movies, and more. In Types of Content Theft, the Motion Picture Association of America writes:

CAMCORDER THEFT Approximately ninety percent of newly released movies that are pirated can be traced to thieves who use a digital recording device in a movie theater to literally steal the image and/or sound off the screen. Camcorder theft is one of the biggest problems facing the film industry. All it takes is one camcorder copy to trigger the mass reproduction and distribution of millions of illegal Internet downloads and bootlegs in global street markets just hours after a film’s release and well before it becomes available for legal rental or purchase from legitimate suppliers. Studios and theater owners have significantly increased security and surveillance in theaters all over the world to thwart would-be camcorders. Since 2003, the major motion picture studios have employed technology such as watermarking films, which enables film companies to discern the source of a stolen film through forensic analysis and trace it back to the very theater in which it was recorded.

Read more: mpaa.org.

In Preparing and Presenting Expert Testimony, traffic engineer and accident reconstruction expert witness Lawrence Levine writes:

How then can a Traffic Engineer best assist an attorney in either developing the basis for a suit to be filed by a plaintiff attorney or defending a case, which would be the province of government agency attorneys or outside defense counsel. Note that although the two groups of lawyers often overlap by handling both defense and plaintiff work, lawyers generally focus on one or the other. As such, each attorney has a different bias and therefore a different agenda.

Attorneys are ‘advocates.’ They are supposed to take sides, no matter how they might feel personally, to provide their client with the best representation. This is not the case for the Traffic Engineer who the lawyer chooses to use either as a fact witness or as his expert witness. The Traffic Engineer in either case is expected to be totally objective, have no bias, and state opinions they have developed “within a reasonable degree of engineering certainty.” Plaintiff lawyers are paid on a contingency, if they win. Experts are paid regardless.

Auto insurance claims expert witnesses may opine on policies, auto repairs, and injury claims. In How to Read an Auto Policy, Auto Insurance Claim Advice writes:

Your auto insurance policy is not one packet of information. It is made up of different separate sections (often times, different and separate documents). An insurance policy is composed of the following:

* Insurance Declarations Page;

In Medical Device Design Controls – Transfer, Changes, and History, quality management systems expert witness Philip J. O’Keefe, PE, MLE, discusses design transfer procedures:

Meant to ensure that medical device designs are correctly translated into production specifications for manufacturing, Design Transfer Procedures keep those directly involved with the manufacturing process in check. It is absolutely vital that those involved in manufacturing receive accurate and complete information…

A Design Transfer Procedure would ensure that a variety of mishaps do not occur during the transfer process. The procedure is typically overseen by the medical device company’s management. For example, a Design Transfer Procedure would lay out responsibilities of supervisors and managers to make sure the latest revision of electrical schematics, bills of materials, Gerber files, and quality testing procedures are received by the manufacturer of a device’s printed circuit boards. It’s important that the order is received in a timely manner so as not to hold up the manufacturing process. However, it’s much more important that the printed circuit board is made properly, the correct electrical components are placed on it in the correct orientation, and it is tested to make sure it doesn’t malfunction after assembly.

Property insurance expert witnesses may advise on issues involving insurance claims, insurance adjusters, property insurance, and related issues. In Chinese Drywall Claims Not Covered Under Homeowners Policies, plaintiff’s attorney William F. “Chip” Merlin, Jr., writes that State Farm, USAA, Allstate, and Hartford are among other insurers that refused to pay their customers for losses stemming from damages caused by defective Chinese drywall:

The Chinese Drywall coverage litigation involving first party property insurance policies has been discussed in the past. Are Chinese Drywall Problems Covered Under Property Insurance Policies? discussed the complex issues involved and warned that these losses may not be covered. FC&S Says Ensuing Loss Coverage Applies to Chinese Drywall Claims and Chinese Drywall Claims May Be Covered Under Homeowners Policy–Favorable Developments in Louisiana gave hope to the policyholders suffering form this unexpected property loss. Unfortunately, a recent opinion, In re: Chinese Manufactured Drywall: Products Liability Litigation, issued December 16, 2010, did not rule in favor of the first party policyholders.

Read more: propertyinsurancelaw.com.