In The Straight Truth, The Life Of An Expert Witness, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
So, why would you want to become an expert witness?
After all, the work can be very tedious and demanding. It can require the expenditure of long hours for two, three, or even four weeks at a time.
Forensic pathology expert witness Dr. Judy Melinek is presenting a 3 hour course for Continuing Legal Education entitled “Science on Your Side: Forensic Experts in the Courtroom” for California attorneys on October 12, 2013 at the UCSF Mission Bay Campus. Dr. Melinek, a forensic pathologist who works for the Alameda Sheriff-Coroner, will speak on the interpretation of injuries in criminal and civil cases. She will be followed by lectures given by a forensic toxicologist and a forensic psychologist, who will speak on drug level interpretation and sex offender cases, respectively. The lectures will be of particular interest to criminal defense attorneys and wrongful death/personal injury attorneys.
Flyer: www.pathologyexpert.com/CLEFlyer.pdf
Dr. Melinek is a board-certified forensic pathologist who was recently re-appointed as an Assistant Clinical Professor at UCSF and is working with the Department of Pathology educating Pathology Residents and Fellows about neurotrauma. Her most recent publication is about being an ethical expert witness and was published by Academic Forensic Pathology. She has been qualified as an expert more than 100 times in both Federal and local courts.
In Quality Fade in China, international trade expert witness Rosemary Coates of Blue Silk Consulting writes:
Products manufactured or assembled in low cost countries, aren’t designed to break or poison anybody. In fact, typically when a new contract is signed and specs are given for initial production at a new supplier, importers of Chinese goods are thrilled. The vendor’s service levels are outstanding, the quality is above expectations and the future looks bright. Customers are pleased with the price of initial production, and they assume that it will last. New importers feel like they’ve hit a home run with low-cost country sourcing.
Don’t be fooled! The initial production runs are often not sustainable. Over time, degradation in quality is likely. For example, the label on your product becomes 10 percent smaller, your 100 ml product may actually be 99 ml, non-toxic paint you specify for toys may become fast-drying lead paint, the 5/8 inch seam may become 3/8 inch.
Livestock expert witnesses may advise regarding livestock accidents, farming, and livestock production. In livestock cases ranch owners have been found negligent when farm fencing was not properly maintained resulting in farm animals wandering onto a highway and causing an accident. Livestock accidents also include the deaths of farmers killed each year in cattle-related deaths after blunt force trauma to the head or chest. OSHA.com writes that “According to the National Safety Council, agriculture is the most hazardous industry in the nation.”
In Use of Experts in Livestock Accident Cases, attorney Edward A. Smith writes that “livestock accidents are amongst the cases most commonly mishandled by inexperienced attorneys.” Mr. Smith considers it “crucial that a lawyer handling these cases has the proper experts immediately available for use, including investigators, fencing experts and animal behaviorists.”
Bus accident expert witnesses may consult regarding transportation accidents, motor carriers, truck safety, and bus safety. On September 14, 2013, thirty people were injured when a Greyhound bus drove off the highway 25 miles north of Cincinnati and landed on its side. As of Sunday night The Ohio State Highway Patrol said there was no new information to release on the investigation. The firm of Fisher and Talwar note that “National bus crash statistics show almost 13,000 buses were involved in accidents in 2010. According to the Fatality Analysis Reporting System (FARS), 226 people died from bus accidents nationwide in 2010.” The law firm lists those who may be held responsible for … bus accident injuries here: http://www.ftpersonalinjurylawyers.com/bus-accident-attorneys-in-los-angeles.
FARS is a nationwide census providing NHTSA, Congress and the American public yearly data regarding fatal injuries suffered in motor vehicle traffic crashes. Data may be accesses here http://www.nhtsa.gov/FARS.
Weather and meteorology expert witnesses may opine on rain, severe storm analysis, snow, weather forecasting, and more. This week emergency officials say at least 1,000 people in Colorado are waiting to be rescued from flood waters.
Albuquerque National Weather Service meteorologist Jason Frazier commented on the flooding in central and northern New Mexico “As long as you get the right thunderstorm right over your area, I wouldn’t be surprised if more records are broken as far as one-day rainfall totals because we still have that abundant moisture in the area.” Flood waters have followed drought and caused flash floods. The Rio Grande and Pecos River have overflowed as well as nearby creeks.
Demonstrative evidence expert witnesses may consult on courtroom exhibits, computer reconstruction, computer animation, forensic animation, and simulations. While demonstrative evidence is not real evidence, it illuminates the points being argued in court. In Litigation Tip: The Best Way to Get Demonstrative Evidence Admitted at Trial, attorney Morgan Smith defines demonstrative evidence and answers the question, Is Demonstrative Evidence Admissible? including “California law does not require demonstrative evidence to be exact, but only substantially similar and helpful to the jury. (See Andrews v. Barker Brothers Corp., 267 Cal. App.2d 530, 537.)”
Cogent Legal Blog, shares real-world advice about trial graphics, case presentations, legal tech and litigation strategy. “We blog to help attorneys make their case and manage their practice in the most effective and least stressful way possible. Who are we? Litigators like you.”
At ABAJournal.com, McElhaney on Litigation, Jim McElhaney writes: Enter Angus: His Initial Words of Wisdom Focus on Cross-Examining Expert Witnesses. McElhaney spent 25 years as a litigation columnist for the ABA Journal and in this article he discusses ways to cross examine an expert, including MAKE HIM YOUR WITNESS.
Read the article: abajournal.com
Jim McElhaney is the Baker and Hostetler Distinguished Scholar in Trial Practice at Case Western Reserve University School of Law in Cleveland and the Joseph C. Hutcheson Distinguished Lecturer in Trial Advocacy at South Texas College of Law in Houston.
Mortgages expert witnesses may consult on mortgage loans, variable rate mortgages, reverse mortgages, conventional mortgages, and mortgage fraud, among other topics. In Is Mortgage Fraud Really Decreasing?, attorney and editor of Mortgage Fraud Blog Rachel Dollar comments on The Financial Crimes Enforcement Network analysis of Mortgage Fraud SAR Filings in 2012. While data shows 25% decine, Ms. Dollar notes that “suspicious activity is often only recognized and reported years after loan origination.” FinCEN news release August 20, 2013:
The Financial Crimes Enforcement Network (FinCEN) today released an analysis of Mortgage Fraud SAR Filings in Calendar Year 2012. FinCEN’s data on suspected mortgage fraud shows that reports declined 25 percent in 2012 (from 92,561 to 69,277) as compared to the previous year. The past three years of suspected mortgage fraud suspicious activity reports (SARs), if counted by the date they were received by FinCEN, accounted for approximately 46 percent of the past decade’s mortgage fraud SARs. However, suspicious activity is often only recognized and reported years after loan origination, after a review of origination documents is prompted by a loan default, repurchase demand, or other factors. As a result, many mortgage fraud SARs are filed much later than the date that the suspicious activity actually began. Thus in 2012, 57 percent of SARs received reported mortgage loan fraud (MLF) activities that started more than 5 years before the SAR was filed.
Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
In Finding the Cream of the Crop: Hiring an Expert Witness construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
There are multiple ways to locate the expert you need, such as referral agencies, online and print directories, and searching by keyword on the Internet. When you find an expert who at first glance seems to be what you are looking for, contact them and delve deeper into his or her qualifications. The responsibility to verify that the expert is qualified and will meet your case needs is yours. Be sure to investigate the background of the expert, and ask for references. Once you have located several names by any of the above methods and have performed your due diligence, how do you decide which expert is really what you are looking for, the right one for you and your particular case?
Interviewing the Expert
