Expert Witness Blog

Call center expert witnesses may provide reports and opine concerning telemarketing, computer telephony integration, the call center industry, and related issues. The Telemarketing Connections Newsletter offers information on timely issues of concern to the industry. The October / November 2010 issue discusses:

* The Federal Communications Commission has issued a notice of apparent liability for forfeiture against Presidential Who’s Who, Inc. alleging at least 73 unsolicited advertisements using facsimile machines were sent in violation of the TCPA.

* The FTC has announced the mailing of $5.7 million in reimbursement checks to consumers who were marketed an allegedly “free” trial membership in programs via telemarketing calls.

Wood expert witnesses may write reports and opine on lumber, plywood, saw mills, pressed wood products, and related topics. The Wood Shop Consultancy offers ways to avoid disputes in Wood: Avoiding the pitfalls – How a basic understanding of timber technology can help to avoid problems in use:

The uses for timber are almost endless. Its excellent environmental credentials, and widespread feature in makeover programs and lifestyle magazines, architectural press etc. has lead to something of a renaissance for wood in recent years, a trend which seems set to continue. However, to make the most of the unique appeal of timber in our homes and buildings, we need to be aware of its natural characteristics which, if overlooked, can cause projects to fail and disputes to arise.

What’s there to know? As one of the oldest materials known to man, wood has provided us with fuel wood, pulp and paper, utensils, furniture and a first class, environmentally friendly building material. So, given our familiarity with timber, why is it that some attempts to use it can result in expensive litigation?

Media expert witnesses may opine on the motion picture and music industry, radio broadcasting, royalties, and more. Here, the Digital Media Association addresses the Combating Online Infringement and Counterfeiters Act (S. 3804).

Senate Anti-piracy Bill Provokes Battle Between Hollywood and Web Giants Authored by Cecilia Kang on November 18, 2010 – Washington Post

The controversial legislation has attracted powerful supporters and detractors who have ramped up lobbying campaigns around the bill this week.

In An Introduction to Copyright Law and the Music Industry copyrights expert Maggie Lange, attorney and Professor of Music Business/Management at Berklee College of Music, discusses the US copyright code and how it applies to the music industry and recording artists. Topics covered include: the nuts and bolts of what copyright is; the five exclusive rights granted to copyright holders; how features like fair use and the compulsory mechanical license provision work; what “work for hire” means; what to fight for in your recording deal; and how to organize your band’s business to protect your individual and group rights.
See: artistshousemusic.com.

In Accident Reconstruction of Low Speed Impacts, accident reconstruction and automotive engineering expert witness writes:

Even if high speed barrier crash tests could be validly generalized to low-speed crashes with moving cars, they cannot help predict the energy transferred in any one crash because vehicles differ considerably in their ability to absorb certain impacts without showing damage. In this case, that variability would apply to the damage to the bullet’s front bumper and target’s rear bumper.

One example of the variability between vehicles is that older vehicles generally have stronger bumpers and can absorb greater impacts while showing less damage than newer cars because newer cars are frequently equipped with bumpers where style dominates over function.

In Composers as Expert Witnesses in Copyright Infringement Suits Erica Muhl, a Professor of Composition at the USC Thornton School of Music, shares her experiences as a composer who is called upon to be an expert witness in copyright infringement suits involving suspected unlicensed use of a piece of music, and discusses why there are a handful of composers in the USA who are well suited to the task. See: artisthouseinterview.

Insurance expert witnesses may write reports and testify on insurance regulations, insurance claims, and medical insurance. In Did You Know That An IME Provider Can Be Liable To The Insured? Vivian Persand, Esq. discusses how someone hired by the insurer in connection with the investigation of your client’s claim can also have obligations to your client. Specifically, a medical provider hired to conduct an Independent Medical Examination (“IME”) can be liable to an injured insured for breach of a duty. See In Ritchie v. Krasner, M.D., et al., 211 P.3d 1272 (Ariz. Ct. App. 2009).

Read more: http://www.propertyinsurancecoveragelaw.com/.

Insurance claims expert witnesses may opine on insurance companies, bad faith, liability insurance, and related topics. In When Insurers Hide Behind their Experts in Texas,

Sergio V. Leal, Esq. writes:

One strategy insurance companies use to avoid bad faith liability is claiming that they reasonably relied on their experts’ reports to deny a claim. Texas law on bad faith states that an insurer breaches its duty of good faith when: (1) denies or delays payment of a claim for which liability is reasonably clear, and (2) the insurer knew or should have known that liability was reasonably clear. Therefore, insurance companies often argue that because their retained experts concluded that there was no valid insurance claim, liability was not reasonably clear and they should not be found liable for bad faith. Courts typically side with insurance companies on this issue, but sometimes the facts of a case require courts to doubt this argument, just as the Texas Supreme Court did in State Farm Lloyds v. Nicolau, 951 S.W.2d 444 (Tex. 1997).

Automotive braking expert witnesses may opine on brake failure, brake trouble, and related topics. In How well do you know your brakes? Peter D. duPre, iCARumba’s Content Editor, gives tips that will help you stop safely and alert you to possible brake problems:

Pulsating pedal — If the pedal pulsates under your foot as you come to a normal stop, such as at a traffic light, you’ve probably got warped front rotors and need to have them repaired. On vehicles equipped with ABS, you may notice a rapidly pulsating pedal under hard braking. This is normal and is the car’s way of telling you that the ABS system is activated. But if you feel the pulsating during normal slow speed stops, get the brake system looked at by a professional as soon as possible.

Pulling to one side — If the vehicle pulls to one side when the brakes are applied, you may have a sticking front caliper. This can be extremely dangerous during inclement weather driving conditions and should be fixed immediately. Sometimes, though, the pulling is caused by uneven tire pressures, so check the air pressure before deciding the brakes are bad.