Posts filtered by tags: Expert Witnesses[x]


Insurer's In-House Expert's Communications Are Privileged

    The Texas Supreme Court ruled that the insurer's in-house expert's draft reports and communications were privileged and need not be produced.  In Re City of Dickinson, Relator , 2019 Texas LEXIS 165 (Tex. Feb. 15, 2019).     The City of Dickinson had a commercial windstorm policy with the Texas Windstorm Insurance Association. The City suffered property damage caused by Hurricane Ike. Coverage was denied and the City sued.     The City moved for summary judgment on the issue of causation. In...
Tags: Texas, Insurance, Dickinson, Strickland, Texas Supreme Court, Hurricane Ike, Tred Eyerly, Expert Witnesses, Texas Windstorm Insurance Association The City, Texas Windstorm, Paul Strickland, Texas Windstorm The City

Educating Associates In Finance And Accounting (And Offering Expert Witnesses Too) [Sponsored]

Are you an associate seeking to improve your knowledge of finance and accounting, or a partner looking to educate your associates about these subjects? Train up with this expert boot camp.
Tags: Law, Finance, The Economist, Corporate Law, Continuing Legal Education, Sponsored Content, Accounting / Accountants, Expert Witnesses, Accountants, Securities Law, Continuing Legal Education / CLE, Commercial Litigation, J.W. Verret, J.W. Verret Custom

A shaken baby syndrome researcher reconsiders

British neuropathologist Waney Squier spent many years as an expert witness in court assisting in the prosecution of defendants accused of causing Shaken Baby Syndrome. Then a closer engagement with the evidence caused her to change her mind — and the story that follows, which she tells in this TEDx Wandsworth talk, must be heard to be believed. Sue Luttner has more for the USC Annenberg Center for Health Journalism. More on the story: Jon Robins, The Justice Gap; Theodore Dalrymple, Spectat...
Tags: Law, Uncategorized, Child Abuse, Times, Forensics, Wandsworth, Expert Witnesses, Waney Squier, Justice Gap, Deborah Tuerkheimer, Theodore Dalrymple, Sue Luttner, USC Annenberg Center for Health Journalism More, Jon Robins, Marisa Gerber

Lay Testimony Sufficient to Prove Diminution in Value

    The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony.  Woodrum v. Georgia Farm Bureau Mut. Ins. Co. , 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018).     During a thunderstorm, a large tree fell onto the roof the insured's house, causing significant damage. The damage was reported to their insurer, Georgia Farm Bureau Mutual Insurance Company. When there was disagreement on the amount of the loss, an apprais...
Tags: Insurance, Georgia, Hall, Tred Eyerly, First Party Insurance, Appraisal, Expert Witnesses, George Hall, Woodrum, Georgia Farm Bureau Mut Ins Co, Georgia Farm Bureau Mutual Insurance Company When, Georgia Farm

What We Have Here Is A Failure To Imaginate: On Prosecutors And Secret Witness Agreements

Prosecutors need to revisit the scope of their obligations.
Tags: Crime, Law, Prosecutorial Misconduct, White-Collar Crime, Expert Witnesses

Battle of Experts Cannot Be Decided on Summary Judgment

    When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer.  Garcia v. Firs Community Ins. Co. , Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018).     Garcia, the homeowner, discovered water damage in his home, allegedly due to a roof leak. Garcia notified his insurer, First Community Insurance Company. A forensic engineer, Ivette Acosta, was retained by First Community to inspect the property. After the inspection, cov...
Tags: Insurance, Garcia, Fla, Acosta, Tred Eyerly, First Party Insurance, Expert Witnesses, Brizuela, Firs Community Ins Co, First Community Insurance Company, Ivette Acosta, First Community, Alfredo Brizuela

Non-Sequiturs: 05.27.18

* What is up with the lively Twitter feed of George T. Conway, former Wachtell Lipton partner and husband of top Trump adviser Kellyanne Conway? It's not entirely clear -- but if you're not already following GTC, you should be. [Politico] * Because Masterpiece Cakeshop isn't the only cake controversy out there: mom tries to get "summa cum laude" written on her son's graduation cake, hilarity sues. [Althouse] * Over at the invaluable Take Care blog, you can now find an extensive database of art...
Tags: Politics, Supreme Court, Law, Scotus, Congress, Colorado, Court, Pbs, Donald Trump, Kennedy, Trump, Adam Feldman, Tavis Smiley, Laurence Tribe, Anthony M Kennedy, Anthony Kennedy

Fifth Circuit overturns $151 million Mark Lanier verdict

Citing “falsehoods,” “deceptions,” and “inflammatory evidence” on the plaintiff side, Judge Jerry Smith, writing for a Fifth Circuit panel, has overturned a $151 million hip implant verdict won by prominent attorney Mark Lanier against Johnson & Johnson. Reports the ABA Journal: The court said Lanier had presented father-and-son orthopedic surgeons as unpaid experts, emphasizing their compelling pro bono testimony while contrasting the “bought testimony” of the defendants’ experts. Yet Lanier m...
Tags: Law, Uncategorized, Ethics, Smith, Aba, Johnson Johnson, Fifth Circuit, Jerry Smith, Mark Lanier, Lanier, Expert Witnesses, Mark Lanier Fifth Circuit

5th Circuit Lashes Out Over Attorney’s ‘Gifts’ To Witnesses

If this shows up on your Professional Responsibility issue-spotter then you're in pretty good shape.
Tags: Law, Biglaw, Legal Ethics, Class Actions, 5th Circuit, Small Law Firms, Benchslaps, Expert Witnesses, W. Mark Lanier

L.A. jury blames ovarian cancer on baby powder, awards $417 million

Does the naturally occurring mineral talc, found in Johnson & Johnson’s baby powder, cause ovarian cancer? According to the National Cancer Institute last month: The weight of evidence does not support an association between perineal talc exposure and an increased risk of ovarian cancer. According to the American Cancer Society: It has been suggested that talcum powder might cause cancer in the ovaries if the powder particles (applied to the genital area or on sanitary napkins, diaphragms, or co...
Tags: Law, California, Uncategorized, Los Angeles, Johnson, Johnson Johnson, National Cancer Institute, Margaret Cronin Fisk, Expert Witnesses, Jackpot Justice, Science And Scientists, Eva Echeverria, Edvard Pettersson Bloomberg ABA, Amanda Bronstad NLJ Alison Kodjak, NPR Eric Lieberman Daily Caller

Whiplash and incentives, abroad

“In my first 20 years as a consultant I wrote many reports which were economical with the truth – the truth being that there was very little wrong with the vast majority of compensation claimants that I saw. I was moving with the herd.” While lawyers, insurers, and others are all complicit, writes Dr. Charlie Marks, the onus is on the medical profession to speak up against medico-legal misdiagnosis [Irish Times via (“Whiplash: the myth that funds a £20bn gravy train”)] Tags: claims fraud,...
Tags: Law, Medical, Uncategorized, Ireland, United Kingdom, Irish Times, Expert Witnesses, Claims Fraud, Low-speed Auto Collisions, Charlie Marks, United Kingdom Whiplash

Blue-ribbon excuses: “Lawyers for quadruple murder suspect blame low sodium levels”

“Medical experts testifying in Erbie Bowser’s capital murder trial Tuesday blamed his deadly rampage on a ‘perfect storm’ in his brain, ultimately triggered by low sodium levels in his body. Bowser, 48, is on trial in the killings of four women — including his girlfriend and his estranged wife — and the injuring of four children in two attacks at homes in Dallas and DeSoto on Aug. 7, 2013.” [Tasha Tsiaperas, Dallas News via Jackie Salo, New York Post] Tags: blue-ribbon excuses, expert witn...
Tags: New York Post, Law, Uncategorized, Dallas, Bowser, Expert Witnesses, Blue-ribbon Excuses, Erbie Bowser, Tasha Tsiaperas Dallas News, Jackie Salo

Morning Docket: 02.27.17

* If you're working with PwC on any matters right now, say something nice, because they had a rough night. [USA Today] * Nixon Peabody is looking for a new office and wants a major interior design overhaul. Interior design is important, guys. [Boston Globe] * Random employee phone checks. That's what it means to be a lawyer in government service these days. [Politico] * Bill Cosby will face multiple accusers at his upcoming trial. [Courthouse News Service] * The new plan for fighting for vot...
Tags: Facebook, Politics, Supreme Court, Law, Bill Cosby, PricewaterhouseCoopers, Oscars, Usa Today, North Carolina, Biglaw, Courthouse News Service, Boston Globe, Morning Docket, Expert Witnesses, Nixon Peabody

Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage

    The insured's attempt to secure additional coverage beyond a $10,000 payment for water damage after a rain storm damaged the interior of its building failed. Bible World Christian Ctr. v. Colony Insurance Co , 2016 U.S. Dist. LEXIS 175766 (M.D La. Dec. 20, 2016).     The interior of Bible World's building was damaged by water that leaked in from the roof after a heavy rain storm. Bible World's officials met with Robert Chandler, an employee of Omni Insurance Group, the day after the rain ev...
Tags: Insurance, Colony, Chandler, Tred Eyerly, First Party Insurance, Expert Witnesses

Fall armyworm 'threatens African farmers' livelihoods'

Scientists say a pest that destroys maize is spreading rapidly across Africa and could reach Asia and the Mediterranean in the next few years.
Tags: Asia, Science, Africa, Insurance, Mediterranean, Colony, Chandler, Tred Eyerly, First Party Insurance, Expert Witnesses

Insured's Expert Qualified, Judgment for Coverage Affirmed

    Addressing a host of issues on appeal, the Texas Court of Appeals affirmed the trial court's judgment against the insurer for property damage caused by Hurricane Ike.  Nat'l Sec. Fire & Cas. Co. v. Henriquez , 2016 Tex. App. LEXIS 11391 (Tex. Ct. App. Oct. 20, 2016), withdrawn and substituted by  2016 Tex. App. LEXIS 12766 (Tex. Ct. app. Dec. 1, 2016).      The insureds alleged property damage to their home caused by the hurricane. The roof was damaged, resulting in interior water damage. S...
Tags: Insurance, National, Henriquez, Hurricane Ike, Tred Eyerly, First Party Insurance, Texas Court of Appeals, Expert Witnesses

Litigation roundup

House passes Stop Settlement Slush Funds Act of 2016 [James DeLong, Rep. Bob Goodlatte, Republican Policy Committee, earlier] “Enough is enough”: judge in surgical-mesh case decries tactical angling in multidistrict litigation (MDL) process, reminds lawyers of sanctions authority [Glenn Lammi, Washington Legal Foundation] Related: “Repeat Players in Multidistrict Litigation” [Elizabeth Chamblee Burch, Mass Tort Prof] E-mail scanning: “So-called ‘privacy lawsuits’ that essentially enrich a c...
Tags: Texas, Privacy, Law, Uncategorized, General Motors, House, New Jersey, Gm, Department Of Justice, Margaret Cronin Fisk, U S Chamber Institute for Legal Reform, David Kravets ArsTechnica, Expert Witnesses, Republican Policy Committee

Prosecution roundup

Fourth Circuit will review forfeiture case of “pre-conviction, pre-trial restraint of untainted property” [Ilya Shapiro, Cato] “Voodoo Science in the Courtroom: The U.S. has relied on flawed forensic-evidence techniques for decades, falsely convicting many” [Alex Kozinski, WSJ; ABA Journal] “Highest court in Massachusetts throws out another shaken-baby syndrome conviction” [Radley Balko on Boston Globe] Federal judge Andrew Hanen gets results! “Justice Department orders more ethics training...
Tags: Law, California, Massachusetts, Uncategorized, New Jersey, Department Of Justice, Orange County, Justice Department, WSJ, Forensics, ABA Journal, Boston Globe, Fourth Circuit, Alex Kozinski, Radley Balko, Andrew Hanen

Morning Docket: 08.29.16

* Sixth Circuit decides farmers don't need the Internet. It's your move now, lobbyists! [NY Times] * The latest in the "Houston" law school showdown. [Houston Chronicle] * In Trump U. litigation news, there's a battle over who gets to be called an "expert" in a case about whether unqualified people pretended to be experts. [Courthouse News Service] * Remember Kim Dotcom? He wants to livestream his legal battle, which seems a lot less interesting than what he used to put up. ...
Tags: Technology, Sixth Circuit, Privacy, Law, Internet, Hsbc, Kim Dotcom, Houston, Seattle, Donald Trump, Trump, Trump University, Ny Times, Houston Chronicle, Pittsburgh Post Gazette, University of Houston Law Center

Non-Sequiturs: 04.12.16

* Gauging the importance of Supreme Court decisions this Term based on media coverage. [Empirical SCOTUS] * Georgia is changing state law because UGA's football coach thinks it might help the team cover up a scandal and somehow the legislature thinks this makes sense. [SB Nation] * Did President Obama outthink himself on the Merrick Garland pick? [Guile Is Good] * Using expert witnesses to defeat class certification... an emerging tradition. [The Expert Institute] * Some graphics cross-referenci...
Tags: Politics, Technology, Supreme Court, Scotus, Obama, Prostitution, Football, Barack Obama, Georgia, Yoga, Terrorism, Washington D.c., Class Actions, D.c., University Of Georgia, UGA

The Perfect Attorney: An Expert’s Wish List

Legal teams invest a lot in locating and preparing the ideal expert witness to support a case, but what makes a perfect expert witness?
Tags: Experts, Litigation, Litigators, Sponsored Content, Inc., Expert Witnesses, Expert Consulting Services

Non-Sequiturs: 02.16.16

* More people lining up on the "of course we need to replace Scalia soon" bandwagon, and this time it's folks who really care about the ethical running of the Court. [Fix the Court] * Studying for the February bar exam? Here are some tips to make it through. [Associate's Mind] * Stories of Justice Scalia bullying the "little people" may tarnish his legacy. [Washington Monthly] * A purported class action has been filed against Facebook for those texts notifying you of friends' birthdays. [Forbes]...
Tags: Facebook, Supreme Court, Obama, Washington, Advice, Success, Election 2016, Airbnb, Columbia Law School, Humphrey Bogart, Class Action, Forbes, Antonin Scalia, Scalia, San Francisco Chronicle, Frye