Expert Witness Blog

In Identifying the Source of a Power Surge, forensic failure analysis expert witness Mamoon Alyah, P.E., answers the question “Is it possible to differentiate between lightning related surges and artificially generated electrical surges?”

Lightning-related surge has a significantly larger amount of energy (magnitude) compared to artificially generated surges. Despite the greater amount of energy, lightning lasts for a very short period of time (duration) when compared to many types of artificially generated surges. As a result, differences in magnitude and duration lead to different signs of damage.

Damage caused by lightning tends to be catastrophic and localized, while damage caused by artificially generated surges is less severe but more widespread. Due to these differences, the nature and extent of damage sustained by a piece of equipment could indicate the source of a power surge.

Engineered composites expert witnesses may opine on vinyl chloride polymers, electroactive polymers, functional polymers, and more. Here, the International Cast Polymer Alliance describes cultured marble, cultured granite and cultured onyx:

Cultured Marble, Cultured Granite and Cultured Onyx, as their names imply, have the look of genuine marble, granite or onyx. Cultured marble, granite and onyx products are usually manufactured with a high-gloss coating, called a “gel coat”, applied during the manufacturing process, which becomes an integral part of the cultured marble, granite or onyx product. Colorants may be added to the polymer/filler matrix in a manner which provides a “veining” which mimics the appearance of natural products. The polymer casting process yields a rock hard, durable product which takes on the look and feel of the natural product.

Copyright infringement expert witnesses may opine on copyright notice, copyright infringement, and copyright limitations. On their website, the ABA Section of Intellectual Property Law describes the Copyright Act:

It is illegal for anyone to violate any of the rights provided by the copyright code to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 120 of the 1976 Copyright Act establish limitations on these rights. In some cases,

these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights,

On his website, Consultox.com, forensic toxicology expert witness Dr. Roger A Parent writes on generic drugs:

Acceptable limits of impurities may be specified in the United States Pharmacopeia (USP) and may be considered in the qualification of an impurity. If the impurity does not appear in the USP monographs, you may qualify it by comparison with the observed amount of that impurity as found in the reference listed drug product (RLD). As an alternative, the impurity may be qualified by justification in the scientific literature, metabolite data, or with toxicity studies. An impurity is considered qualified when it meets one or more of the following conditions.

* The observed level and proposed acceptance criterion for the impurity do not exceed the level observed in the referenced listed drug product.

Genetic engineering expert witnesses may write reports on genetic testing, biochemical engineering, and more. Here, the Food and Agriculture Organization of the United Nations writes on genetically modified organisms:

While there is little controversy about many aspects of biotechnology and its application, genetically modified organisms (GMOs) have become the target of a very intensive and, at times, emotionally charged debate. FAO recognizes that genetic engineering has the potential to help increase production and productivity in agriculture, forestry and fisheries. It could lead to higher yields on marginal lands in countries that today cannot grow enough food to feed their people. There are already examples where genetic engineering is helping to reduce the transmission of human and animal diseases through new vaccines. Rice has been genetically engineered to contain pro-vitamin A (beta carotene) and iron, which could improve the health of many low-income communities.

Other biotechnological methods have led to organisms that improve food quality and consistency, or that clean up oil spills and heavy metals in fragile ecosystems. Tissue culture has produced plants that are increasing crop yields by providing farmers with healthier planting material. Marker-assisted selection and DNA fingerprinting allow a faster and much more targeted development of improved genotypes for all living species. They also provide new research methods which can assist in the conservation and characterization of biodiversity. The new techniques will enable scientists to recognize and target quantitative trait loci and thus increase the efficiency of breeding for some traditionally intractable agronomic problems such as drought resistance and improved root systems.

In Identifying the Source of a Power Surge, forensic engineering expert witness Mamoon Alyah, P.E., answers the question “Is it possible to differentiate between lightning related surges and artificially generated electrical surges?”

A power surge is a condition where there are voltage variations from normal levels (110 Volts for a single phase system). These variations can be caused naturally by events such as lightning or artificially by many different events, ranging from simple power interruptions to significantly more complex events such as harmonics on the power line. Both sources of surge can cause similar types of damage to equipment including: premature failure of motors, computer and communication equipment mis-operation (lockups), loss of equipment following a thunderstorm and other symptoms of failure.

There are subtle, but significant differences between the nature of damages caused by the two types of surge (artificially vs. naturally generated). The cause of these differences is related to surge magnitude and the duration of the surge. Magnitude refers to the amount of energy contained in the power surge, while duration refers to the amount of time the power surge was sustained.

Copyrights expert witnesses may opine on copyright infringement, copyright notice, and copyright limitations. On their website, the ABA Section of Intellectual Property Law defines what copyright is:

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship” including literary, dramatic,

musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: