The Montana WC court in Hagberg v. Ace American Insurance Company wcc no. 2018-4206 (4/15/2019) dealt with a claimant who injured his back at work lifting a 200-250 lb. burner on 5/18/20016. In a battle of the experts, the report of the IME physician Schabacker was discounted due to his lack of specifics about the… read more
By Homer R. Peterson II, P.E., CSP Introduction Many construction contracts that are executed today include terms that allow termination of a company either for cause or for the convenience of the terminating entity. As owners and general contractors become increasingly concerned about construction safety, terminations for cause for alleged shortcomings in general contractors’ and… read more
The AICPA has adopted new standards for forensic series. The new standards which are effective January 1, 2020 provide that “… members should be prepared to justify departures from this statement.” These new standards codify “best practices” for litigation work. The AICPA statement for forensic services provides: Statement on Standards for Forensic Services No. 1… read more
By Steven Babitsky Esq. One of the challenges faced by expert witnesses and the lawyers who retain them is the ability to diagnose and demonstrate cognitive impairment/dysfunction. Often, it is not practical to order a full neuropsychological workup including neuropsychological testing. Counsel wants to demonstrate visually the cognitive problems that their client is experiencing. The… read more
Introduction Finite element analysis (FEA) is a technique which helps explain complex technical issues by displaying them in a format which is easy to understand. As such, it can be a potent tool in litigation. In the illustration below, FEA was used to show stresses in a vehicle involved in a collision. The outline of… read more
Introduction A previous blog post Introduced the subject of biometric security, covering how identity is established using biological inputs such as fingerprints, palm veins, and features of the face, iris or retina. Both the technologies involved in biometrics and the governing legal frameworks are changing. Here we focus on the behavioral side of biometrics and… read more
The United States District Court, WD Virginia, dealt with a financial dispute in which a former CEO of a company, Stephens, was offered as an expert witness. The court disqualified Stephens as an expert witness due to his direct financial interest in the outcome of the case. The court stated: Defendants’ claim of Steffens’s bias… read more
Merrie Joe Pitera PhD, CEO of Litigation Insights recently spoke on how expert witnesses can deliver more effective and persuasive testimony. Here is an excerpt of her presentation Some other behaviors that can affect whether a witness is viewed as being untruthful, evasive or defensive are: Rapid blinking; Witness needs to buy some time to… read more
By Gretchen Green, MD, MMS What is a breast implant? A breast implant is an implanted device used to augment existing breast tissue for cosmetic purposes or to reconstruct the breast after surgery such as mastectomy. Litigation from alleged harm due to breast implants is not new, but recently a new form of lymphoma thought… read more
In many cases the expert is the linchpin, the cleanup hitter. And jurors really do want to trust and rely on them to guide their decisions. So if opposing experts are giving conflicting information, your case may hinge on whoever jurors feel came out ahead on credibility and performance. When it’s their expert vs. your… read more
