Experts In Litigation Research Articles

The rise of cultural expertise in litigation

The rise of cultural expertise in litigation

The role of geomorphology in environmental litigation: Insights from an East Texas case

This paper illustrates the scope and contribution that the discipline of geomorphology can offer in environmental litigation. The case in question was filed by two plaintiffs who contended that the construction of a storage facility on an adjacent property had caused significant disturbance of the topsoil, and that runoff from the impermeable surfaces (e.g., roofs, driveways) had exacerbated the problem by eroding and transporting soil and fill material from the facility directly into three ponds owned by them. They sued for $1.6 million to cover dredging, restoration of the ponds, and disposal of the sediment. Utilizing a range of geomorphological techniques, I was able to determine the most likely source area(s) of eroded sediment within the basin and quantify the extent to which the defendant's property contributed runoff and sediment to the ponds. The lawsuit was dismissed before ever going to trial. In the paper, I discuss the steps involved in the process of being an expert witness and also share some of the advice I have received from attorneys with whom I have worked. I emphasize the importance of setting any case study within a larger spatial context and encourage my fellow geomorphologists to become involved as experts in litigation because, in most instances, we can contribute to an appropriate outcome.

The Anti-Transgender Medical Expert Industry.

Civil rights attorneys challenging laws restricting transgender rights and access to healthcare often encounter anti-transgender medical experts in litigation at various stages. The experts often maintain dubious credentials in the relevant area of medical or scientific expertise which presents a challenge that undermines equitable access to justice by introducing pseudo-science into court proceedings. This commentary will discuss the phenomenon and propose a normative path forward.

Legal aspects of using genetic evidence on the example of US judicial practice

Advances in genomic research, biobanking and DNA identification technologies are expanding the use of biological and genetic evidence in litigation. The discovery of DNA and one of its functions to transmit hereditary information made it possible to look differently at the theory of a genetic predisposition to deviant behavior. The relevance of the study is due to the fact that the availability and increase of genetic research allows, along with the traditional use of genetic expertise in litigation (search and identification of a criminal, establishment of paternity), to expand the possibility of using the achievements of genetics by the parties to prove other circumstances in court. In this article, the authors analyze the US jurisprudence regarding the possibility of a party using the protection of genetic evidence in order to present a position in justification of the mitigation of punishment for an accused due to her genetic predisposition to criminal behavior. The authors also paid attention to the consideration of the issue of using the results of genetic testing in civil proceedings in order to prove the fact of the influence of the inherited gene on deviant behavior. In carrying out this study, the authors used a significant number of Russian and foreign sources of scientific literature. General and specific scientific methods of cognition, including the formal legal and comparative legal method, were used as research methods

The Influence of Selection Bias on Identifying an Association between Allergy Medication Use and SARS-CoV-2 Infection

Background: Medications to prevent and treat SARS-CoV-2 infection are needed to complement emerging vaccinations. Recent in vitro studies suggested that certain allergy medications could prevent SARS-CoV-2 infection so we sought to characterize this relationship using existing electronic health record (EHR) data.Methods: We analyzed associations of three allergy medications (cetirizine, diphenhydramine or hydroxyzine) with testing negative for SARS-CoV-2 infection, and measuring also the potential effect of selection bias on these associations. We used EHR data from 230,376 patients (18 years+) who visited outpatient clinicians in a single, large academic center at least once but were never hospitalized (10/1/2020-6/1/2020). Main exposures included EHR documentation of three allergy medications and allergy, with intermediate outcome of receipt of a SARS-CoV-2 test, and the primary outcome as testing negative. Findings: Testing rates varied by sex, age, race/ethnicity and insurance type. Higher age categories and public insurance were associated with a higher adjusted odds of a negative test, while being Black or Hispanic was significantly associated with test positivity. Allergy diagnosis and use of any of three allergy medications were each associated with a higher likelihood of receiving a test (e.g. diphenhydramine - Odds Ratio (OR) 2.99, 95% Confidence Interval (CI) 2.73, 3.28; cetirizine 1.75 (95% CI 1.60, 1.92)). Among those who were tested, only use of diphenhydramine was associated with a negative SARS-CoV-2 test (adjusted OR = 2.23, 95% CI 1.10, 4.55). However, further analyses revealed that selection bias was likely responsible for the apparent protective effect of diphenhydramine.Interpretation: While EHR-based observational studies can inform a need for interventional trials, this study highlights their limitations. The finding that diphenhydramine was associated with a higher odds of testing negative for SARS-CoV-2 must be interpreted with caution due to selection bias.Funding: The Children’s Miracle Network of the University of Florida partially funded this study.Declaration of Interests: Dr. Rasmussen has served on advisory committees for the Teva Pregnancy Registry and Solriamfetol Pregnancy Registry and has consulted for F. Hoffmann-La Roche AG as a litigation expert. Dr. Ostrov has a patent pending for compounds to prevent and treat COVID-19 and methods of using the same. All other authors have nothing to declare. Ethics Approval Statement: We received human subjects approval from the University of Florida Institutional Review Board.

The doctor in a minority.

Suppose that a doctor carrying out a treatment or advising on a treatment or acting as an expert in litigation or writing or lecturing about a treatment is in a minority so far as contemporary medical opinion is concerned. It may be a matter of choice for the doctor between treatment A (the majority practice) or treatment B (the minority practice), and the minority treatment may be of an innovative character. Unfortunately, things went badly wrong, the patient suffered harm and the doctor finds him/herself a defendant in a case for clinical negligence. What is the legal duty of the doctor? Is it sufficient that he/she acted in good faith? Or that he/she was a competent doctor? Or that he/she was a doctor following the practice of a substantial number of doctors, albeit a minority? Or that he/she was in effect acting 'on his/her own'? The legal test is: Was the doctor following the practice of a responsible body of medical clinical opinion, albeit a minority opinion? Medicine has made huge advances over the years - one of the great achievements. But many advances have come about because of the initiative of one individual or a small group of individuals, often in the face of strong disbelief or opposition. The medical profession is a conservative profession, understandably so in view of the obvious inherent risks. Original ideas may not be well received. Therefore, the minority innovative doctor must proceed carefully because he/she runs the risk of a medical mishap, criticism and litigation.

Economic Evidence in Antitrust: Defining Markets and Measuring Market Power

This paper addresses an important aspect of the interdisciplinary collaboration between law and economics: the use antitrust courts can and should make of empirical industrial organization economics, in light of the expansion of empirical knowledge generated during the last few decades. First we show how courts can apply what economists have learned about identification of alternative theories of industry structure and firm strategy to the problems of defining markets and determining whether market power has been exercised. We emphasize that the same analytic issues arise regardless of whether the evidence on these concepts is quantitative or qualitative. Second we show how courts can adopt a strategy employed in the research literature, by exploiting generalizations across closely related industries to help evaluate evidence and resolve cases. We also discuss ways of increasing the institutional capacity of the judicial system to make use of these two bodies of economic learning. These include a possible limited role for neutral economic experts in litigation, and a role for the antitrust enforcement agencies in identifying and codifying relevant generalizations about industries from the empirical economic literature to make that learning available to courts.

Adversarial Bias and Court-Appointed Experts in Litigation

We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the e ect of using a court-appointed expert on the level of adversarial bias and the average error rates, and nd an interesting trade-o : although the judge can reduce the number of mistakes at trial by consulting a court-appointed expert, litigants choose to hire a biased expert more frequently in response, which increases the level of adversarial bias, thereby inducing evidence distortion more often.

Legal status of legal expert on law issues in civil procedure of Ukraine

The research paper is devoted to s the problems of determining the legal status of the expert on law in civil procedure in Ukraine. The peculiarities of his involvement in the judicial process are analyzed and ways to improve his legal status are proposed. Today, lawyers are discussing the advisability of involving a legal expert in litigation. Thus, according to some lawyers, judges in Ukraine act on the principle of "jus novit curia" ( « a judge knows the law » ), and according to others, the consolidation of the rights and obligations of an expert in law at the legislative level is consistent with the course of development of legal policy in the field of democracy and the rule of law proclaimed by Ukraine. In the legal literature, as a rule, the problems of participation of a legal expert in court proceedings are revealed through the prism of scientific and practical analysis of Article 8 of the Law of Ukraine "On International Private Law", according to which the court may apply to the expert to establish the content of foreign law. At the same time, legal science requires complex scientific research on the legal personality of the expert on legal issues as a participant of legal relations arising in the implementation of civil proceedings. The author emphasizes that the main purpose of a legal expert is to assist in matters that require specialized knowledge. At the same time, the norms of the Civil Procedural Code require further elaboration in terms of a comprehensive solution of the issue of participation of the legal expert in civil proceedings. It should be noted that the conclusions of the legal expert may concern only the issues of analogy of law or law or application of foreign law, they cannot solve the issues of gaps or conflicts, as this task is solely the responsibility of the court when making decisions, and no one has the right to indicate the courts, the decision to make or how to solve the dispute correctly. Recent results of law enforcement activities have shown that neither the court nor the participants in the process are yet ready to involve a legal expert and their findings in the process. Thus, in practice, in most cases it is limited to providing legal positions to the advantageous party under the guise of the opinion of an expert in law or application of conclusions on issues that are not provided for by law. In addition, problems arise in the ratio of a legal expert with other participants of the process, the proportionality of the costs of their services and issues of their compensation, the impossibility of bringing them to responsibility for the refusal or provision of an unreliable conclusion, etc.

К ВОПРОСУ ОБ УСТАНОВЛЕНИИ ПУБЛИЧНОГО СЕРВИТУТА

The article discusses legislative changes regarding new public easements, in particular public easements in relation to public lands and public easements for certain purposes. Their differences from public easements that existed earlier in accordance with the classical theory of limited property rights are discussed. The jurisprudence is analyzed in the framework of attracting forensic experts in cases of establishing public easements. Cases of attracting experts in litigation for land surveying are identified.

‘Judging’ Economists: Economic Expertise in Competition Law Litigation - A European View

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the epistemic asymmetry between judges and experts and the risk of expert bias. The analysis of these problems will bring me to the question of the conception of science and of the relations between science and law that underpins the concept of scientific expertise and, more specifically, economic expertise. I will then identify the extent of the problem of epistemic asymmetry and expert bias by looking to the degree and the locus of the intrusion of economic analysis in competition cases. I will examine the instruments, procedural and substantive, employed by the legal system, in order to mitigate the risks flowing from the epistemic asymmetry and the expert bias claims. First, I will highlight the different institutional and procedural frameworks that were adopted at the European Union level and in some selected member states in order to integrate economic expertise in litigation. My objective will be to understand how these institutional solutions may address each of the identified problems. Second, I will look to 'substantive' law approaches in the adjudication of expertise, such as the development of specific standards for the admissibility and the sufficiency of economic expertise in courts, as an alternative or as an additional option to deal with the challenges raised by economic expertise. The paper will conclude that the possible adverse effects of the epistemic asymmetry and expert bias between judges and experts raise important concerns that the legal systems should tackle. The current procedural/institutional and substantive legal framework governing economic expertise does not however take sufficiently into account important concerns that are specific to economics and other social sciences, such as the preservation of the scientific 'competition' in the supply of economic theory and consequently methodological or assumptions-related pluralism in economic thought. In particular, I will argue against adopting specific standards of admissibility of economic expertise in Europe. This is a US context-specific solution which does not necessarily fit with the specific characteristics of the European legal system. It is also an approach that represents an outdated and partial view of the scientific as well as of the judicial adjudication process.

The Editor's Roundtable: Nonsteroidal Antiinflammatory Drugs and Cardiovascular Risk

r. Friedewald receives honoraria for speaking from Noartis, East Hanover, New Jersey. Dr. Bennett receives ayment as a litigation expert from Weitz & Luxenburg, C, New York, New York. Dr. Packer receives payment as itigation expert from Pfizer, New York, New York. Dr. oberts receives honoraria for speaking from AstraZeneca, ilmington, Delaware; Merck, Whitehouse Station, New ersey; Novartis; and Schering-Plough, Kenilworth, New ersey. Dr. Williams receives honoraria for speaking and ontract payments for clinical trials from and is a consultant or the preparation and presentation of a science advisory to he United States District Court for Pfizer.

This business of urban music: a practical guide to achieving success in the industry, from gospel to funk to R&B to hip-hop

is a great new addition to the popular This Business of[trademark] series. It covers everything from securing a record deal and starting a label to publishing music and marketing and promoting.Here's the first reference book to offer sound business and legal advice specifically tailored to this area of the music industry. Securing a record deal, starting a label, publishing music, marketing and promoting - this is the information that today's musicians need. With insightful examples, quotes, and anecdotes from dozens of top artists and executives, This Business of Urban Music is entertaining as well as informative. Author James J. Walker, Jr., is a leading entertainment lawyer, representing such well-known clients as Jamie Foxx, DMX and many others. Now he brings his years of professional expertise in litigation, business, intellectual property and corporate law to This Business of Urban Music - at a price every aspiring musician can afford.

Forensic accounting and fraud investigation for non-experts

Introduction. Part One: Fraud and Forensic Accounting Overview. 1. Fraud in Society. What Is Fraud? Types of Fraud. What the Numbers Tell Us about Fraud. The Social Consequences of Economic Crime. Notes. Suggested Readings. 2. Understanding the Basics of Financial Accounting. Introduction. The Father of Accounting. The Five Accounting Cycles. Journals. Tying the Thread. Note. Suggested Readings. 3. The Entities. Introduction. Proprietorships. Partnerships. Corporations. Notes. Suggested Readings. 4. Fundamental Principles of Analysis. Good Analysis = Due Diligence? Why Do It? Analysis for the Non--Expert. Analysis through a Case Study. To the Future. Note. Suggested Readings. 5. The Role of the Accounting Professional. The Importance of Accounting Professionals in the Investigation. The Audit Process. Internal Controls. Notes. Suggested Reading. Part Two: Financial Crime Investigation. 6. Business as a Victim. Introduction. Employee Thefts. Payroll Fraud. Fraudulent Billing Schemes. Fraud Committed by Outsiders. Management Thefts. Corporate Thefts. Notes. Suggested Readings. 7. Business as a Vehicle. Introduction. Organized Crime and Business. The Lifecycle Model of Traditional Organized Crime. The Shared Profit Motive. Money Laundering. Cyber--Laundering. Summary. Notes. Suggested Readings. 8. Case Generation. Introduction 119 The Investigative Process The Investigation Life Cycle. Summary. Notes. Suggested Readings. 9. Interviewing Financially Sophisticated Witnesses. Introduction. The Interview Process. Bringing Closure to the Interview. Interviews in Financial Crime. Summary. Notes. Suggested Readings. 10. Analytical Techniques for Financial Crime Investigation. Introduction. Getting Organized. The Process of Proof. The Logic of Argument. The Inferential Nature of Proof. Summary. Notes. Suggested Readings. 11. Inference Network Analysis. Introduction. Linking Inferences. The Investigative Inference Model. Summary. Notes. Suggested Readings. 12. Implementing the Investigative Inference Model. Introduction. The Key List. Plotting the Chart. Some Tips for Plotting Success. Applying the Chart to the Investigative Process. Summary. Notes. Suggested Readings. 13. Documenting the Investigation. Introduction. The Casebook System. Components of the System. Closing the Book on the Casebook System. Notes. 14. Testifying in Financial Crime Cases. Introduction. The Role of the Professional Witness. Communicating Your Knowledge. The Role of the Financial Crime Expert in Litigation. Summary. Notes. Suggested Readings. Appendix A: Key List. Appendix B: Federal Rules Of Evidence. Glossary. Index.

Interspecies differences in susceptibility to perturbation of thyroid homeostasis: a case study with perchlorate

Despite many physiological similarities, humans and rats exhibit notably different susceptibilities to thyroid perturbation. Considerable research has recently been conducted on the thyroid-active chemical perchlorate, a chemical of emerging environmental and regulatory interest. While the data indicate humans and rats exhibit similar dose–response relationships in terms of acute inhibition of thyroidal iodide uptake, the two species appear to exhibit notable differences in terms of thyroid hormone response, the toxicologically significant consequence of iodide uptake inhibition. We analyzed dose–response data for changes in serum T 3, T 4, and TSH levels from studies in humans, rats, mice, and rabbits. We found that thyroid homeostasis in the rat appears to be strikingly more sensitive to perchlorate than any of the other species. Rats exhibited an increase in serum TSH at 0.1 mg/kg-day whereas other species remained unresponsive even at doses of 10 mg/kg-day. Less pronounced but consistent effects were seen with serum T 3 and T 4. These cross-species comparisons provide strong evidence that data obtained from rat studies should be critically evaluated for their relevance to humans. If rat data are used to develop toxicity criteria for perchlorate, we propose that this is an instance where an inter-species uncertainty factor less than one is supportable. Disclosure statement: One of the authors (BDB) has been hired by Lockheed Martin Corporation as an expert in litigation involving perchlorate. A portion of the initial research presented in this paper was conducted in conjunction with her role in that matter.

Forensic acoustics: An overview of the process

There is a potential role for the acoustical expert in litigation. The technical issues may involve aeroacoustics, underwater acoustics, physical effects of sound, environmental acoustics, noise, architectural acoustics, physiological acoustics, speech and hearing, music, psychoacoustics and/or bioacoustics. This brief paper offers an overview of the process of being an expert, the qualifications to be an expert and what is expected of an expert. The six general phases of an expert’s involvement—retention, investigation, discovery, deposition, preparation, trial—are addressed. Some antidotal experiences are presented.

The role of the medical expert in litigation

The role of the medical expert in litigation

The Quest for the Truth: A Comparative Analysis of the Role of Experts in Litigation

The Quest for the Truth: A Comparative Analysis of the Role of Experts in Litigation

Irreconcilable conflict between therapeutic and forensic roles.

Despite being contrary to good patient care and existing clinical and forensic practice guidelines, some therapists nevertheless engage in dual clinical and forensic roles. Perhaps because an injured litigant seeking treatment is required to engage in 2 distinct roles (litigant and patient), care providers may be tempted to meet both sets of that person's needs. Through the presentation of 10 principles that underlie why combining these roles is conflicting and problematical, the authors stress the importance of avoiding such conflicts, avoiding the threat to the efficacy of therapy, avoiding the threat to the accuracy of judicial determinations, and avoiding deception when providing testimony. With increasing frequency, psychologists, psychiatrists, and other mental health professionals are participating as forensic experts in litigation on behalf of their patients. Factors such as tightened insurance reimbursement rules, a growing market for forensic mental health professionals, and zealous patient advocacy by therapists have combined to induce many therapists, including those who once zealously avoided the judicial system, to appear, often willingly, as forensic expert witnesses on behalf of their patients. Although therapists’ concerns for their patients and for their own employment is understandable, this practice constitutes engaging in dual-role relationships and often leads to bad results for patients, courts, and clinicians. Although there are explicit ethical precepts about psychologists and psychiatrists engaging in these conflicting roles, they have not eliminated this conduct. One important factor contributing to this continued conduct is that psychologists and psychiatrists have not understood why these ethical precepts exist and how they affect the behavior of even the most competent therapists. When the reasons for the ethical precepts are understood, it is clear why no psychologist, psychiatrist, or other mental health professional is immune from the concerns that underlie them.

Some considerations for the expert witness in cases involving birth defects

Individuals serving as experts in litigation involving birth defects typically find that their scientific training has not prepared them well. A greater understanding of the choices and pitfalls involved can assist such individuals in promoting the legal process. Experts should carefully evaluate the evidence and should not become involved unless they have the needed expertise. Experts must understand what they will be asked to testify about and be completely comfortable with any positions that they may be asked to support. Experts must obtain the necessary facts, never merely relying on information from the retaining attorney. Experts should not make statements they cannot support, and they must be willing to say, “I don't know.” Experts should not merely ignore facts that weaken their positions, but must be willing to take them into account. Although the court may require only that an accused agent be “more likely than not” the cause of a birth defect, experts must use recognized scientific principles, and the judge will decide what evidence is admissible. Experts must be willing to examine enormous amounts of information, and they should be organized, carefully filing information received. Experts must be both willing and able to spend large amounts of time in preparation, consultation, travel, deposition, court, and even “bookkeeping.” It should be realized that the expert's role in birth defects litigation is essential, however, and knowledge of what experts should and should not do should aid in the promotion of justice.