Expert Witness Blog

In Product Experience or Expert Experience?, patents expert witness James G. Rice writes:

Quite often when I receive an inquiry from an attorney about a new case, the case deals with a product or device that involves a very specialized and narrow area of design and engineering. A typical example of such a device would be a vacuum cleaner. The attorney will state that they are looking for an expert who has specifically worked in this specific segment of industry in the design and engineering of vacuum cleaners. They often will then state that they are having a hard time locating such an expert. The problem of course is that in such a very specialized area, such individuals are not widely available and are also highly unlikely to be working in litigation support. Even further, should the attorney be fortunate enough to find such an individual, it is frequently the case that they are not be willing to participate in litigation support.

In All Should Use Greater Care Handling Underwriting Information, insurance customs expert witness Akos Swierkiewicz writes:

Misrepresentations or omissions primarily originate from negligence by the applicant or broker during the course of the obtaining underwriting information and completing the application.

One of the major functions of brokers is to obtain accurate and complete underwriting information, which requires their active involvement in the process of gathering, preparing and communicating such information to the insurers, rather than just being the conduit to pass information from applicants to insurers. Brokers should also take the initiative and explain major provisions or conditions of the policy to applicants to minimize negative surprises when a claim occurs.

In All Should Use Greater Care Handling Underwriting Information, insurance practices expert witness Akos Swierkiewicz writes:

One of the tenets of insurance law is that parties to an insurance policy are expected to deal with each other in utmost good faith. Applicants for insurance or their brokers must disclose all relevant underwriting information fully and accurately to prospective insurers. If the application contains any misrepresentation or omits information that could affect the underwriting decision of the insurer, the standard of utmost good faith is not met and the insurer may deny coverage for claims or rescind the policy.

Allegations about misrepresentation or omission usually surface in the course claim investigations by insurers. In many instances the ensuing litigation may result in denial of the claim or rescission of the policy. Even if misrepresentation or omission is not proven, litigation inevitably causes significant delays in claims adjustment and direct and indirect expenses to the parties.

Law enforcement agent expert witness Richard Lichten gives an inside view on the causes of jail and prison riots:

It is a fact that to get along in jail or prison, you must stick with your own race. If you are in an area where there is rioting, you must participate to show respect to your race. If you have an opportunity to join in the riot and do not, you run the risk of getting a beating, or being sexually assaulted later on. In one of the large jails I was assigned to, some of the gang leaders would order a beating called, “30 seconds under the stairs.” That means you would be pummeled for 30 seconds under the stairwell in the dorms. Thirty seconds is a very long time to suffer a beating. Look at your watch for 30 seconds and think about how your face can be mashed into pulp in that time. The staff may see what is happening and come to your aid, but it will take at least that long to get back up, open the door, and run to you.

Prison authorities expert witness Richard Lichten gives an inside view on the causes of jail and prison riots:

Some of the reasons inmates riot are power issues between races, revenge for an assault/killing on the streets, showing disrespect to others, stealing from each other, being ordered to riot by the prison gang leadership, and power over who controls the drugs and other contraband such as cell phones and cigarettes just to name a few. When I talk of disrespect, I’m not talking about forgetting to say please and thank you. I’m talking about failing to use the “right” toilet, walking through someone’s personal space, using the “wrong” telephone, not cleaning up your assigned space, speaking with someone of another race, not standing up for your own race and so on.

Jail expert witness Richard Lichten gives an inside view on the causes of jail and prison riots:

Of course over crowding adds to the problem. It adds to the stress the inmates feel. It means fewer inmates can get the proper health care they need, and there are fewer opportunities for the inmates to attend school, etc. You get the picture. Over crowding places heavy burdens on the staff as well. It is a serious matter. But there is so much more going on in a riot.

This is what I can tell you about jail and prison riots based on my training, knowledge, and experience. Please know that I do not differentiate between jail and prison. It is not necessary that I do so.

Law enforcement expert witness Richard Lichten gives an inside view on the causes of jail and prison riots:

For some time now, the news media has inundated the public with stories of prison under funding, poor prison health care, and the possibility of California releasing thousands of prison inmates to ease overcrowding. Additionally, two major prison riots were reported. One riot was in California and one in Kentucky. Numerous prisoners were injured and millions of dollars in damage was done during both riots. The news reported that prison overcrowding was to blame in each case.

During my 30 years in law enforcement I have led emergency response teams to quell over 100 large inmate disturbances (what many would call riots) in several very large, violent jails. I have taught other supervisors and line personnel how to handle such riots, and I have lectured on this topic in other states. And even though I have retired, I am still involved with jail and prison issues by working with the Dr. Prison (www.drprison.org) organization. Dr. Prison counsels individuals who are going to be incarcerated for the first time how to survive by learning the rules of jail or prison.

On his website, aviation training expert witness John Ogle, MD, MPH, FACEP, provides links to the Code of Federal Regulations – Part 61 regarding certification of pilots and instructors. Sections include:

# § 61.3 Requirement for certificates, ratings, and authorizations.

# § 61.4 Qualification and approval of flight simulators and flight training devices.