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Mortgages expert witness Joffrey G. Long will moderate a special session on title insurance as part of the January 30-31 educational program presented by the California Mortgage Association in Universal City, CA. In Securing a mortgage expert witness: Types of real property lawsuits, Mr. Long writes:

There are many types of lawsuits involving loans secured by real property; they often fall into one of six general themes:

2) The commercial loan gone bad: In this case, again often involving loans originated in 2007 or before, (and with a surprising percentage originated in either 2006 or 2007) a commercial property owner or developer has obtained a loan, or often a series of loans from a commercial institution or private money lender.

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In EFFECTIVE VALUATION & LITIGATION SUPPORT IN CORPORATE SECURITIES LAWSUITS, forensic accounting expert witness Richard M. Squar, CPA, CVA, ABV, CFF, MBA-Taxation, writes:

In conjunction with statutory definitions of value, additional levels of value are analyzed for their applicability.

FURTHER LEVELS OF VALUE

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Environmental forensics expert witnesses may consult on environmental health and safety, soil/groundwater investigations, above ground and underground storage sites, and associated matters. In the news, hundreds of thousands of West Virginia residents have been without tap water since Thursday after a chemical leak contaminated their water supply. On Friday the West Virginia Department of Environmental Protection’s Division of Water and Waste Management issued a Cease Operations Order to Freedom Industries, Inc. and is now requiring the company to remove the contents in the 11 remaining above-ground storage tanks at its Etowah Terminal in Charleston. The chemical MCHM leaked from tanks and entered the Elk River on Thursday and then a water treatment facility. The West Virginia Department of Environmental Protection reports:

According to the order issued Friday night, Freedom Industries must begin, within 24 hours, removing all material from all above-ground storage tanks and store the material in an off-site area which provides adequate secondary containment.

Also within 24 hours, Freedom Industries must submit for approval an appropriate plan of corrective action which at a minimum shall include, among other things, a detailed plan to appropriately implement a remediation of all contaminated soil and/or groundwater and a plan and schedule for the ultimate disposition of the products stored in these tanks.

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In I have been surprised, Meredith Hamilton, VP Marketing, Expert Communications, writes on engagement letters, most noticeably: attorneys have changed one or two provisions in the contract without notifying the expert and then sent it back signed without saying a word!

Back story: Last month I attended the FEWA Dallas/Fort Worth Chapter Dinner Meeting at the Tower Club in Dallas. Real estate expert Dr. Jack Friedman was presenting “Advertising and Promotion of Expert Services.” And while the topic was of interest to me, in all honesty I was looking forward to hanging out with a couple of our clients I knew would be attending.

Well lo and behold if I didn’t hear something that made me sit up straight and pay attention. Jack was discussing the elements and format of an engagement letter. He cautioned against sending as a Word document (or using “Compare Documents” feature if you did) because it could be altered without your knowledge. I thought to myself, “Surely not,” but as I began shaking my head, the stories came out from the experts attending. Sure enough, attorneys have changed one or two provisions in the contract without notifying the expert and then sent it back signed without saying a word! It never would have occurred to me to check line-by-line like that, but at least three experts confirmed that this happens.

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Advertising expert witnesses may consult and testify on issues including comparative advertising, deceptive ads, consumer behavior, and false advertising. On 1/9/14, FTC.org reported:

The Federal Trade Commission announced today that nine auto dealers agreed to settle deceptive advertising charges, and the agency is taking action against a 10th dealer, in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles.

According to the complaints, the dealers made a variety of misrepresentations in print, Internet, and video advertisements that violated the FTC Act, falsely leading consumers to believe they could purchase vehicles for low prices, finance vehicles with low monthly payments, and/or make no upfront payment to lease vehicles. One dealer even misrepresented that consumers had won prizes they could collect at the dealership. The FTC website shows an ad with an advertised price that was after a $5,000 down payment, but that detail was only noted in fine print at the bottom of the ad.

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What areas may a mapping and surveying expert witness consult on? They may write reports, testify, and consult on issues involving land surveying and boundary line determination, title surveys, easements, and boundary determination. In Angle Points: Having a License Doesn’t Make You an Expert, Michael Pallamary, PS, discusses what a professional engineer or land surveyor needs to qualify as an expert witness.

Not everyone is capable of being an expert. The earliest known recognition of the use of an engineering expert arose in 1782, when the noted civil engineer John Smeaton testified as to why Wells Harbor in Norfolk, England was silting up.

Michael Pallamary, PS, has been in the surveying profession since 1971. He is a frequent lecturer at conferences and seminars and teaches real property to attorneys and other members of the legal profession.

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In Evaluting 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

…Top experts usually welcome and respect intelligent and careful clients who take the time to ensure the capabilities of the expert and the needs of the client are a good match. The most qualified experts know that the closer the prospective client looks, the better the expert witness will look compared to less qualified individuals. Though some experts might answer these questions untruthfully, an attorney might be able to recover damages from the expert if the case is lost due to the false claims of the expert.

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Child psychology expert witness Dr. Sheri S. Corning, Texas Psychology Service, PLLC, will testify on behalf of Christa Williams-Yates and Mark Yates in their case against Kid City Child Care Learning and Sports Center LLC and Symons Kid City Management LLC of Galveston, TX. In the Galveston County District Court case, the Yates claim that their daughter suffered a dislocated arm after being “violently yanked” by a staff member in 2012.

After the incident, the Yates describe their daughter as distrustful of adults and acting out violently. Child psychology expert witnesses may consult on child psychological trauma and conduct disorder, as well as related topics.

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Former doctor Lishan Wang has asked that forensic science expert witness Dr. Henry C. Lee defend him in his New Haven, CT, murder trial. Wang is charged in the 2010 death of Yale University physician Dr. Vajinder Toor.

Dr. Lee is founder of the Henry C. Lee Institute of Forensic Science, Chief Emeritus of the Connecticut State Police, and founder and professor of the Forensic Science Program at the University of New Haven Dr. Lee testified on bloodstain pattern analysis in the O.J. Simpson trial.