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Oil and Gas Expert Witness on: Site Inspections After Fires, Explosions, and Chemical Releases

Components of Fires, Explosions, or Chemical Releases Natural gas, petroleum oil or hydrocarbons including gasoline, diesel, heating oil, and jet fuel, LNG, LPG, coal, ethanol biofuels, chemicals, fertilizers, reactive gases, metals, electrical systems, equipment, and warehousing activities may be components of industrial or utility fires, explosions, or chemical releases. The Importance of the Site Inspection… read more

How Lawyers Neutralize Expert Witnesses

By Steven Babitsky, Esq. Attorneys use many techniques and strategies to effectively cross-examine opposing expert witnesses. Dallas Attorney and trucking expert Mike H. Bassett, in his December 2019 article in For the Defense, explains the steps as follows: Establish control early. Let the expert know that you know the case better than anybody in the… read more

Can the court put restrictions on an IME?

The US District Court, D. New Mexico dealt with the plaintiff, Maes, who was injured in an auto accident. When the insurer attempted to set-up an IME the plaintiff objected to the IME arguing it was not necessary and if ordered, the court should place restrictions on the IME. The court dealt with the 8… read more

Can IME physicians be sued for injuring a plaintiff during an IME?

Can IME physicians be sued for injuring a plaintiff during an IME?  The answer in some cases is YES. The Washington Court in Reagan v. Newton 436 P.3d 411 (2019) dealt with the following allegation: In May 2014, Dr. Newton, an orthopedic physician, and Dr. Dennis Chong, a physiatrist, performed Reagan’s IME. Reagan’s sister-in-law, Lisa… read more

Deposition Preparation

Expert witnesses should anticipate and be able to effectively deal with numerous areas of inquiry at their deposition. Here are some of the areas all experts should prepare for. Advertising: What advertising or marketing have you done? Bias: What biases can you be accused of (e.g. fees, hired fun, personnel, plaintiff/defense, political, etc.). Credibility: Has… read more

How and Why Expert Witnesses Get Excluded

There are many reasons why expert witnesses are increasingly being excluded from testifying. Attorney Joshua E. Garner, special counsel at the U.S. Department of Justice writing for SEAK, Inc. explains with the following article: HOW AND WHY EXPERT WITNESSES GET EXCLUDED Joshua E. Gardner EXECUTIVE SUMMARY In federal court, experts tend to get excluded for… read more

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