Anesthesiology Expert Witness & Lethal Injections

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Anesthesiology expert witness Dr. Mark Dershwitz made the news by announcing that he will no longer testify on behalf of states defending their lethal injection methods. Dr. Dershwitz, Professor and Academic Vice-Chair at the University of Massachusetts, specializes in anesthesiology and pharmacology.  He has opined for the federal government as well as twenty two states regarding lethal injection protocol.  The July execution of convicted murderer Joseph R. Wood in Arizona with fifteen doses of lethal drugs has begun an official investigation of execution injections.

Bankruptcy Expert Witness On Detroit Plan

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Bankruptcy expert witness Martha Kopacz, senior managing director at Phoenix Management Services in Boston, reported to Bankruptcy Judge Steven Rhodes that Detroit's plan to exit the largest municipal bankruptcy in U.S. history is workable. The bankruptcy case has been delayed until August 21, 2014.  In 2009 General Motors and  Chrysler filed for bankruptcy, closing facilities and cutting more than 20,000 jobs which continued the decline of The Motor City.

Previous municipal bankruptcies include Jefferson County, AL, Orange County, CA, Stockton, CA, and San Bernadino County, CA.


Patent Expert Witnesses

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What areas of law may patent expert witnesses consult on?  They are able to write reports and analyze patent infringement, patent validity, patent litigation, and more.  Recently the US Supreme court ruled that an abstract idea is not patentable just because it is tied to a computer system.  In Alice v. CLS Bank ruling, the court writes:

Petitioner Alice Corporation is the assignee of several patents that disclose a scheme for mitigating “settlement risk,” i.e., the risk that only one party to an agreed-upon financial exchange will satisfy its obligation. In particular, the patent claims are designed to facilitate the exchange of financial obligations between two parties by using a computer system as a third-party intermediary. The patents in suit claim (1) a method for exchanging financial obligations, (2) a computer system configured to carry out the method for exchanging obligations, and (3) a computer-readable medium containing program code for performing the method of exchanging obligations…


Held: Because the claims are drawn to a patent-ineligible abstract idea, they are not patent eligible under §101. Pp. 5–17.


Sports management expert witness Dr. Gil Fried testified in the Los Angeles Superior Court case brought by Bryan Stow against former Dodger owner Frank McCourt.  A professor at the University of New Haven, School of Business, in the Management of Sports Industries Program, Dr. Fried told the jury that Dodger Stadium did not meet security standards when Snow was attacked in 2011.  The expert stated that two security guards were supposed to be in the parking lot 2 after the game but left the area in the second inning.

Stow’s neurosurgeon testified that Stow suffered bleeding and bruising that caused swelling in both frontal lobes as well as a skull fracture and brain seizures. He is now confined to a wheel chair. 

Fraud Detection Expert Witnesses

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What types of fraud may fraud detection expert witnesses consult on?  These experts may opine on health care fraud, financial fraud, fraud analysis, accounting fraud, and more.  In the news, US Attorney Zane David Memeger, Eastern District of Pennsylvania, announced that Matthew Kolodesh, 52, of Churchville, Pennsylvania, was sentenced for his scheme to defraud Medicare.

Over five years, Kolodesh’s business, Home Care Hospice Inc., successfully submitted false claims to Medicare totaling approximately $16.2M.  He was found guilty of conspiracy to commit health care fraud, 21 counts of health care fraud, 11 counts of money laundering, and two counts of mail fraud.

What areas of patent law may patent expert witnesses opine on?  These experts may consult on patent valuations, validity/infringement studies, willful infringement, and related matters.  In the news May 16, 2014, technology giants Apple and Google filed joint motions to dismiss all of the 20+ patent elated lawsuits the firms have against each other. These include Apple's patent litigation with Google's Motorola unit. The companies announced first quarter financial results as follows:

On April 23, 2014, Apple announced financial results for its fiscal 2014 second quarter ended March 29, 2014. The Company posted quarterly revenue of $45.6 billion and quarterly net profit of $10.2 billion. states:
Apple designs Macs, the best personal computers in the world, along with OS X, iLife, iWork and professional software. Apple leads the digital music revolution with its iPods and iTunes online store. Apple has reinvented the mobile phone with its revolutionary iPhone and App Store, and is defining the future of mobile media and computing devices with iPad.

Google Inc. announced financial results on April 16, 2014 for the quarter ended March 31, 2014. We completed another great quarter. Google's revenue was $15.4 billion, up 19% year on year", said Larry Page, CEO of Google.  "We got lots of product improvements done, especially on mobile. I'm also excited with progress on our emerging businesses." says: We build products that we hope will make the web better—and therefore your experience on the web better. With products like Chrome and Android, we want to make it simpler and faster for people to do what they want to online. We’re also committed to the open web, so we’re involved in various projects to make it easier for developers to contribute to the online ecosystem and move the web forward.

Business valuation expert witness Ronald L. Seigneur, MBA CPA/ABV ASA CVA CFF, testified in the Lenawee County Circuit Court, MI, on the value of Adrian Steel stock.  The Seigneur Gustafson LLP CPA was hired by dissident stockholders to appraise Adrian Steel stock after a forced sale in 2011.  Three stockholders are disputing the price they were paid in 2011 and argue they lost $7.5M.  Adrian Steel chairman Harley Westfall says the stock buyback was to realize his father’s dream of making the company private again.  

Food Safety Expert Witnesses

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What topics may food safety expert witnesses write reports and testify on?  They may consult on food retailers, food manufacturers, food wholesalers, food labeling, and more. In the news, the Livingston Foster Farms plant, Merced County, CA, is open after a 10 day shutdown to work on sanitation measures. A USDA inspection found cockroach infestation. 

Foster Farms was nearly shut down this fall because of a Salmonella outbreak traced to three facilities in the California Central Valley. The CDC reports that On October 7, 2013, the U.S. Department of Agriculture’s Food Safety and Inspection Service  issued a public health alert due to concerns that illness caused by Salmonella Heidelberg is associated with chicken products produced by Foster Farms at three facilities in California.

Salmonellosis is an infection with bacteria called Salmonella. Most persons infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection.

Meteorological Experts & WMO Findings

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According to meteorological experts at the World Meteorological Organization, atmospheric carbon dioxide increased more quickly in 2012 than its average rise over the past decade. The presence of methane and nitrous oxide also broke records.  Due to this increase and to that of other gases,  WMO says the warming effect on our climate has increased by almost 33% since 1990.  Please note that the WMO's measurement relates to the atmosphere and not emissions on the ground.

Based in Geneva, The World Meteorological Organization is a specialized agency of the United Nations.  It is the UN system's authoritative voice on the state and behavior of the Earth's atmosphere, its interaction with the oceans, the climate it produces and the resulting distribution of water resources.

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Automotive Electronics Expert Witnesses

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Automotive electronics expert witnesses may consult on the investigation, documentation, and analysis of vehicle incidents, vehicle crashes, vehicle fires, and mechanical failures. In the news, an Oklahoma City jury found Toyota Motor Corp responsible for faulty electronic systems causing sudden acceleration and resulting in the death of Camry passenger Barbara Schwarz and injuries to driver Jean Bookout.  Toyota is to pay $1.5M to Bookout and $1.5M to the family of Schwarz.  Before the jury could rule on punitive damages, District Judge Patricia G. Parrish announced that Toyota settled with the plaintiffs over the 2007 accident.


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