| Kerry L. Knapp, Ph.D. |
| Case Example: Bus Pedestrian Accident |
| Biokinetics | 03/03/2010 |
|
| A city bus struck a canopy providing shade at a construction site; one of the tent support poles hit a crossing guard allegedly injuring her back. Did the canopy support pole cause an acute back injury?.... |
|
 Read the Entire Article |
|
| Jack Ahern |
| The Cost of Compliance: A Look at How HIPAA Will Impact the Dialysis Providers's Bottom Line |
| Healthcare Facilities/ Hospitals | 2/27/2010 |
|
| This article addresses the financial impact of the Health Information Portability and Accountability Act (HIPAA). It focuses on an understanding of both the obvious and not so apparent costs incurred by a clinic as well as suggests methods of cost containment and reduction. .... |
|
| Read the Entire Article |
|
| Ray Horak |
| Rumpelstiltskin LLP: Spinning 1 Junk Fax into Bars of Gold…or Pigs of Lead |
| Credit Damage | 2/27/2010 |
|
| In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices thought to be invasions of privacy, Congress enacted the Telephone Consumer Protection Act of 1991 (TCPA), codified at 47 U.S.C. § 227. We all know about the restrictions on unsolicited telemarketing calls...... |
|
| Read the Entire Article |
|
| Antoinette Matlins, P.G. |
| Consumers Unknowingly Buy "Rubies" That Aren't Rubies At All! |
| Gems & Jewelry | 1/20/2010 |
|
| For thousands of years, rubies have been sought and treasured, prized as one of the most valuable of all things on Earth. A fine ruby has everything a precious gemstone should have — magnificent color, shimmering brilliance, extreme rarity, and excellent hardness and overall durability enabling them to be passed on from generation to generations..... |
|
| Read the Entire Article |
|
| Dr. Gerald Goldhaber |
| Do We Need To Warn Parents About The Dangers Of Playing Football? |
| Warnings & Labels | 02/18/2010 |
|
| The Goldhaber Warnings Report:...Unlike its previous hearings
which addressed the NFL’s lack of adequate protection against brain injuries, the Houston hearing focused on risks faced by younger football players. Several million high school and college students play football....... |
|
| Read the Entire Article |
|
| Dr. Gerald Goldhaber |
| Should Cellphones Have Warning Labels? |
| Warnings & Labels | 02/18/2010 |
|
| The Goldhaber Warnings Report: On January 2, of this year, The New York Times published an article about the possibility of heavy cellphone use being linked to brain cancer. Since approximately 280 million people use cellphones.... |
|
| Read the Entire Article |
|
| Frank J. Loeffler, Jr., PE |
| Pipe / Tube Conveyors: A Modern Method Of Coal And Ash Transportation |
| Conveyor Belts | 02/06/2010 |
|
| For more than 100 years the troughed belt conveyor has been used to transport bulk materials. Its success has been attributed to its relatively low capital cost, high degree of reliability and availability, and low operating and maintenance costs. The only significant problems with conventional conveyors have occurred at transfer points when.... |
|
| Read the Entire Article |
|
| Christine Froehlich |
| Demonstrative Evidence and Trial Presentations: Common Pitfalls Using Power Point |
| Trial Presentations / Demonstrative Evidence | 1/23/2010 |
|
| With the explosion of technology becoming an everyday occurrence in the court room, here are some tips to avoid the common pitfalls.
Presentations and graphics can greatly increase the effectiveness of your opening and closing arguments, and generally help your jury or judge retain a much higher level of information. So what’s the downside?.... |
|
| Read the Entire Article |
|
| Rosalie Hamilton |
| Writing Articles to Create Publicity |
| Expert Witnessing | 01/23/2010 |
|
| Presenting yourself as a writer is a universally accepted form of professional promotion. Aside from producing peer-reviewed material for scholarly and other objectives, it just makes sense to show your prospective clients that you can express.... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Forklift Strikes Pedestrian Accident |
| Accident Prevention & Safety | 1/3/2010 |
|
| The plaintiff was injured when he was struck by a forklift at the end of his workday as he was on his way to a restaurant. He walked up a set of steps onto a public platform and angled to his left in the direction of the restaurant..... |
|
| Read the Entire Article |
|
| Michael Gossman, MS, DABR, RSO, et al. |
| NRC Restrictions On The Packaging Of Radioactive Material Should Be Expressed More Explicitly Than Simply in terms of "Activity" |
| Medical Physics | 1/3/2010 |
|
| As promulgated by the Nuclear Regulatory Commission, packaging regulations for radioactive material are confusing (e.g., “activity” vs “contained” activity vs “total” activity). As a consequence, medical physicists are forced to secondguess the intent of the regulations..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Construction Site Safety |
| Accident Prevention & Safety | 1/3/2010 |
|
| The plaintiff, an employee (housekeeper) of XYZ Co. tripped over a sack of concrete mix while taking out garbage during the second shift. The injuries were severe enough to prevent the employee from ever returning to her job or any job..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Fall Protection - Personal Injury Accident |
| OSHA | 1/2/2010 |
|
| The plaintiff, an experienced truck driver working for a new transportation company, drove his rig into a facility to unload the contents. After unloading his tanker, he hooked up the complimentary automatic rinsing apparatus, provided by the receiving facility (host)..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Forklift Operator Killed When Struck By Truck |
| Accident Prevention & Safety | 1/2/2010 |
|
| Analysis of a case where the The forklift operator, an employee of a steel mill, was fatally injured when a Euclid R25 off-road rear dump truck backed into him as he drove an industrial forklift. He was killed as he was crushed from the weight of his 5,000 pound forklift as it was struck and overturned by the dump truck..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Truck Driver Injures Self Unloading Drum |
| OSHA | 1/2/2010 |
|
| Analysis of a case where the plaintiff, a truck driver, attempted to unload a polyethylene drum of a chemical, weighing approximately 700 pounds, from a pallet placed on the trailer bed by a facility forklift operator.... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Truck Driver Injures Self Unloading Drum |
| OSHA | 1/2/2010 |
|
| Analysis of a case where the plaintiff, a truck driver attempted to unload a polyethylene drum of a chemical, weighing approximately 700 pounds, from a pallet placed on the trailer bed by a facility forklift operator..... |
|
| Read the Entire Article |
|
| Michael Gossman, MS, DABR, RSO, et al. |
| Establishing Radiation Therapy Treatment Planning Effects Involving Implantable Pacemakers And Implantable Cardioverter-Defibrillators |
| Medical Physics | 1/2/2010 |
|
| Recent improvements to the functionality and stability of implantable pacemakers and cardioverter-defibrillators involve changes that include efficient battery power consumption and radiation hardened electrical circuits. Manufacturers have also pursued MRI-compatibility for these devices.... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Fall Accidents From Elevation |
| Accident Prevention & Safety | 1/2/2010 |
|
| Analysis of a case where the plaintiff was injured when he fell approximately fifteen feet while attempting to remove temporary light fixtures. He fell from an elevated mezzanine at a construction project and landed on a concrete floor. The plaintiff was walking in an unauthorized area, referred to as the Controlled Access Zone (CAZ), to all employees the defendant who was placing floor grid pieces in place from underneath with the aid of a scissor man lift..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Predemolition Fall Accidents |
| OSHA | 1/2/2010 |
|
| The plaintiff's estate, filed lawsuit for the death of a company official that was killed from a fall when the stairs collapsed in a building he was walking through to observe existing asbestos containing materials, in preparation to complete a bid..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Deaths by Electricity - Electrical Accidents |
| Accident Prevention & Safety | 01/02/2010 |
|
| Analysis of a case where the contracted scaffolding crew came on in the evening to remove the scaffolding from a ten story boiler of a southern paper mill that they had installed at the beginning of a scheduled outage. The boiler tubes had been inspected and the management of the mill gave the order to remove the scaffolding and prepare for startup..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Severe Burn Case from Slip, Trip, and Fall Accident |
| OSHA | 1/2/2010 |
|
| Analysis of a case where the plaintiff, an engineer doing boiler flue stack gas sampling/analyzing, ran backwards as he was winding up his plastic tubing and fell into an open storm water ditch that received hot water from a boiler continuous blow down line..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Contact With High Voltage Line Accident |
| OSHA | 12/31/2009 |
|
| Analysis of a case where the plaintiff, an employee of a residential contractor, was seriously injured from electrical shock when he contacted an overhead 7,200 volt electrical line while handling the rigging cable from a hydraulic boom crane operated by another contractor..... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Scissor Lift Accident |
| Other Articles | 12/31/2009 |
|
| Analysis of a case involving a plaintiff who was injured when he was struck by a scissor lift in tight quarters as he was in the process of framing and installing dry wall at a construction site.... |
|
| Read the Entire Article |
|
| Jon Pina, MS, CSP |
| Case Scenario: Asbestos Abatement Demolition Preparation Personal Injury Case |
| OSHA | 12/31/2009 |
|
| Analysis of a case where the plaintiff, a laborer working for an asbestos removal contractor, was injured when he fell while removing transite, asbestos containing concrete siding panels, from a barn..... |
|
| Read the Entire Article |
|
| Michael Gossman, MS, DABR, RSO, et al. |
| Dosimetric Effects Near Implanted Vascular Access Ports: An Examination Of External Photon Beam Dose Calculations |
| Medical Physics | 12/31/2009 |
|
| Vascular access ports are used widely in the administering of drugs for radiation oncology patients. Their dosimetric effect on radiation therapy delivery in photon beams has not been rigorously established. In this work, the effects on external beam fields when any of a variety of vascular access ports were included in the path of a high energy beam are studied. This study specifically identifies sidescatter and backscatter consequences as well as attenuation effects..... |
|
| Read the Entire Article |
|
| Rob Wallace |
| Design ROI Re-Envisioned |
| Design | 12/09/2009 |
|
| A new set of design advocates is needed: individuals & organizations who aren't afraid to weigh the costs of design against marketplace results..... |
|
| Read the Entire Article |
|
| Robert John Anders, IDSA |
| At What Point in Time Should an Industrial Design Expert Be Retained in a Lawsuit? |
| Human Factors | 12/08/2009 |
|
| Because of the current economic climate, I understand that clients are directing their attorneys to hold off retaining the services of experts until the very last minute, thereby supposedly holding down expert costs. Is this really to anyone’s advantage? Does this practice actually save any money?.... |
|
| Read the Entire Article |
|
| Jay Abrams, ASA, CPA, MBA |
| The Bias in Annual (Versus Monthly) Discounting is Immaterial |
| Accounting | 11/25/2009 |
|
| This article presents a discussion of the validity of using the mid-year convention from a different point of view than the March 2002 BVR article by Michael Dobner..... |
|
| Read the Entire Article |
|
| Jay Abrams, ASA, CPA, MBA |
| Forecasting Cash Flow: Mathematics of the Payout Ratio |
| Damages | 11/25/2009 |
|
| We all have used the Discounted Cash Flow (DCF) method. Many of us would agree that it is generally the best, most comprehensive, theoretically correct valuation model. It also has an empirical reason to be the best, which is that many of us calculate our discount rates using the Ibbotson data in the SBBI annual yearbooks, which are based on publicly traded stock data..... |
|
| Read the Entire Article |
|
| Jay Abrams, ASA, CPA, MBA |
| Lost Inventory and Lost Profits Damage Formulas in Litigation |
| Damages | 11/25/2009 |
|
| This article arose from an actual litigation. To protect the identity of the parties, I use
fictional names..... |
|
| Read the Entire Article |
|
| Gail Howard |
| Can Astrology Influence Your Lottery Luck? |
| Other Articles | 11/24/2009 |
|
| Although my scientific systems for picking winning lotto combinations are based on mathematical probability, I think luck cycles can be used to maximize your lottery luck. By knowing when your lottery luck is running high or low, you can budget your playing dollars accordingly..... |
|
| Read the Entire Article |
|
| Julius S. Piver, MD, JD |
| Preparing And Winning Medical Negligence Cases: Gynecology |
| Medical Malpractice | 11/10/2009 |
|
| Good record keeping is not only good medical practice but can serve as a solid defense against claims which may or may not have merit. The record, whether in the hospital or in the office, should be a contemporaneous representation of all information relevant to the particular patient. This includes the history of the patient, physical examination, laboratory data, nursing notes, progress notes, etc..... |
|
| Read the Entire Article |
|
| Donald H. Marks, MD, PhD, et al. |
| The Association of Race/Ethnicity, Sex, and Comorbidity with Hepatitis C Genotype 1 Treatment Response |
| Medical | 11/04/2009 |
|
| Most studies comparing the response of African American (AA) patients to other groups for treatment of hepatitis C virus (HCV) have been performed in academic centers in the setting of clinical trials..... |
|
| Read the Entire Article |
|
| Chemir Analytical Services |
| Confronting Food & Beverage Quality Failures with Analytical Chemistry |
| Food & Beverage | 11/03/2009 |
|
| Quality issues or product failures can cause manufacturing shut-downs, customer complaints or even legal disputes. These problems include contamination, off-flavors/colors/odors, toxic substances, migration/leaching and packaging failures..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| Top 10 Business Plan Mistakes |
| Business Development | 10/21/2009 |
|
| When it comes to creating a business plan that attracts investors, these tips will help you get it right the first time..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| Should You Bring In A Consultant To Help Develop Your Business Plan? |
| Business Consulting | 10/21/2009 |
|
| You've decided you need a business plan, but you've been struggling so much with it that you're ready to drop the whole thing. Now may be the time to ask yourself: should I complete the plan by myself or should I hire a consultant? If you decide to hire a consultant, what skills and qualifications should you look for? What services should they provide? Finally, how much should you expect to pay? Let's explore the answers..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| The Pros and Cons of Forming a Board of Advisors |
| Business Consulting | 10/21/2009 |
|
| Entrepreneurs often ask me if they should form a Board of Advisors (or "Advisory Board"). My answer is always the same: it depends..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| Exit Strategies for Small Business Owners |
| Business Consulting | 10/21/2009 |
|
| Although there are many variations, there are really only a few realistic exit strategies for most business owners. Most strategies only make sense for certain classes of business, so for any given business, even fewer options are viable..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| Due Diligence Checklist for Business Buyers and Investors |
| Market Research | 10/20/2009 |
|
| You’ve decided you want to either invest in or buy a privately held company. You’ve researched the company, the market, the management team, and their products. You’ve decided to make an offer..... |
|
| Read the Entire Article |
|
| Andrew Clarke |
| Pay Per Click vs. SEO: Which is Better? |
| Marketing | 10/20/2009 |
|
| Search Engine Optimization, or SEO, and Pay Per Click advertising, or PPC, together comprise the bulk of Search Engine Marketing, or SEM. SEO is all about boosting page rankings on search engines through third party links, articles, directory placements, and other means..... |
|
| Read the Entire Article |
|
| Ned Einstein |
| The Transportation Training Conundrum |
| Automotive/ Vehicular | 10/19/2009 |
|
| Recently, I conducted a workshop on safety and liability for transportation directors. I asked innocently, "What do you do after training?" Several attendees shouted out, "More training!".... |
|
| Read the Entire Article |
|
| Catherine A. Ghiglieri |
| Corporate Governance: How to Act in a Post Bailout Era |
| Banking | 10/15/2009 |
|
| Corporate governance refers to the manner in which a company is directed by its board of directors. With the collapse of such companies as Enron, WorldCom, and others, there has been greater scrutiny of corporate governance and the manner in which boards of directors make decisions affecting their companies..... |
|
| Read the Entire Article |
|
| Kenneth J. Manges, PhD, ABVE, CVE, CFP |
| Psychologically Speaking©: Negotiation 101 |
| Psychology | 10/12/2009 |
|
| Advice about negotiation often focuses on procedure, strategy, and tactics. However, some of the most important factors in dispute resolution are the subliminal aspects of the interaction that operate outside the awareness of the participants, which may create unnecessary barriers to the effective resolution in dispute..... |
|
| Read the Entire Article |
|
| Dr. Stephen Castell |
| The Role of the IT Expert Witness in Software and Systems Development/Implementation Contract Disputes and Litigation |
| Computers | 10/09/2009 |
|
| Synopsis of a Talk given to the Association of Independent Computer Specialists.... |
|
| Read the Entire Article |
|
| Jeffrey G. Nicholson, PA-C, PhD |
| Physician Assistant Malpractice History: Comparing PAs to Physicians and Nurse Practitioners |
| Medical | 10/09/2009 |
|
| Based on the first seventeen years of data from the National Practitioner Data Bank, nationwide Physician Assistant malpractice demonstrates lower malpractice incidence and average payment amounts over a 17 Year Period Compared to MDs and Advance Practice Nurses.... |
|
| Read the Entire Article |
|
| Jeffrey G. Nicholson, PA-C, PhD |
| The Physician Assistant Expert Witness & Medico-legal Consultant: A Guide for Attorneys & Experts |
| Medical | 10/08/2009 |
|
| The physician assistant ("PA") expert witness is a board certified and state licensed health care professional who by experience or training is qualified to give an opinion on the standard of care provided by fellow physician assistants. Although formal training is not required, some PA expert witnesses have completed seminars conducted by and for legal nurse consultants..... |
|
| Read the Entire Article |
|
| Dr. Stephen Castell |
| The Benefits of ODR in Complex Software Contract Disputes |
| Computers | 10/08/2009 |
|
| Software implementation contracts are frequently terminated with the software rejected amidst allegations from both supplier and customer, e.g. software/database errors/deficiencies, faulty design, shifting user/business requirements. An important technical issue on which the IT Expert appointed in such disputes is asked to give an expert opinion is: what was the quality of the delivered software and was it fit for purpose?.... |
|
| Read the Entire Article |
|
| Dr. Stephen Castell |
| IT Expert and Counsel in Computer Software Disputes - Professionals in Harmony |
| Computers | 10/07/2009 |
|
| The Negotiation Competition, now in its fifth year, is a contest open to all law students in England and Wales, designed to promote the skill of negotiation, a crucial component of ADR.... |
|
| Read the Entire Article |
|
| Stephen Reich, Ph.D. |
| A Forensic Psychologist's Report In A Sexual Harassment, Hostile Work Environment And Retaliation Case |
| Psychology | 10/05/2009 |
|
| On September 24, 2007, I interviewed Ms. Rebecca White for a psychological evaluation and report. She was referred by her attorney, Peter G. Eikenberry, Esq. for a psychological evaluation in the context of her litigation against Charlie's Supermarkets where she alleged sexual harassment, a hostile work environment and retaliation.
The following is based upon the psychological evaluation of Rebecca White..... |
|
| Read the Entire Article |
|
| Gerald Dworkin |
| Preparing for Swiftwater Rescue Incidents |
| Aquatics Safety | 09/25/2009 |
|
| In February 2004, the National Fire Protection Association (NFPA) published NFPA 1670: Standard on Operations and Training for Technical Search and Rescue (SAR) Incidents. The purpose of this standard was to minimize threats to rescuers while conducting operations at technical SAR incidents..... |
|
| Read the Entire Article |
|
| Gerald Dworkin |
| Escape and Rescue from Submerged Vehicles |
| Aquatics Safety | 09/24/2009 |
|
| Each year, there are approximately 1,500 incidents and 600 deaths occur involving vehicles that have gone off the road and plummeted into the water. Therefore, the public needs to plan for these types of emergencies by (A) rehearsing the steps necessary for a successful self-rescue from a vehicle in the water, and (B) having the rescue/escape tools readily available for use during this type of emergency situation..... |
|
| Read the Entire Article |
|
| Ned Einstein |
| Sleep and Mythology |
| Automotive/ Vehicular | 09/23/2009 |
|
| Many of our fundamental and commonly-held beliefs are invalid because they were derived, often haphazardly, from a blur of intuition, superstition, history, tradition and circumstance rarely subjected to scientific scrutiny. Before the inventions of artificial light and mechanical clocks, being awake during daylight and asleep during darkness were survival necessities - lest one be devoured by predators or stumble into a pit..... |
|
| Read the Entire Article |
|
| Ned Einstein |
| Reviewing Drivers' Logs |
| Automotive/ Vehicular | 09/22/2009 |
|
| In my review of more than 80 public transportation-related accidents and law suits, one almost universal theme has been the absence of any log review. This failure has generally combined with another common theme: A vehicle running behind schedule. The relationship between these two themes is easy to both understand and demonstrate - as is the acknowledgement that they constitute a genuine safety problem. But in a courtroom, the fact that system management failed to notice the vehicle running late - and worse, failed to even look for it - translates into a liability problem as well..... |
|
| Read the Entire Article |
|
| David G. Mackenzie |
| Brief Summary of California Prudent Investor Act, Uniform Principal & Income Act, unitrust conversion provisions and DNI |
| Securities | 09/09/2009 |
|
| The Prudent Investor Act introduced new standards for investment performance. It de-emphasizes the importance of accounting income and instead measures a trustee's performance in terms of total return (income plus growth) to the trust portfolio. .... |
|
| Read the Entire Article |
|
| Paul Kayfetz |
| What You See Is What You Get |
| Human Factors | 08/27/2009 |
|
| Jurors jumped as the wild boar in the motorcycle headlights suddenly filled the large screen in front of them.
A week later they awarded the motorcyclist several million dollars against Caltrans for not mitigating a chronic wild pig problem on Highway One in Monterey County. The jury found that the motorcyclist had a 0.10 blood alcohol level and was negligent, but that our HD-video visibility study showed that even an unimpaired driver could not have seen the pig in time to avoid it. .... |
|
| Read the Entire Article |
|
| Dr. Gerald Goldhaber |
| The Age of Our Warnings Contempt: Forbidden Fruit Theory |
| Warnings & Labels | 08/26/2009 |
|
| The Goldhaber Warnings Report: This past weekend as Hurricane Bill brushed past the Eastern Coast Line of the United States, bringing dangerous riptides to our shores, police and lifeguards posted explicit warning signs (reinforced by nonstop media coverage about the dangers of these riptides) closing beaches from North Carolina throughout New Jersey, New York and New England. Despite this barrage of warning and safety information, who can forget the televised images of the hundreds of apparent daredevils, mostly young men, ignoring the warnings and entering the beaches to look at the waves, and even swim or surf in the turbulent waters!.... |
|
| Read the Entire Article |
|
| Richard L. Parish, PhD, PE |
| Use of Standards in Cases Involving Agricultural and Grounds Maintenance Equipment |
| Accident Prevention & Safety | 08/13/2009 |
|
| When a personal injury or wrongful death case involves agricultural or grounds maintenance equipment, it will usually be necessary to retain an agricultural engineering expert to assist with the case. In most such cases, the agricultural engineering expert should start with a review of relevant industry and government standards. Most of the standards in this field are industry consensus standards, not mandatory government standards. Applicable government standards are few, but important..... |
|
| Read the Entire Article |
|
| Jerome Spear |
| Hexavalent Chromium Exposure Factors from Welding Operations |
| Accident Prevention & Safety | 08/13/2009 |
|
| Chromium has been used commercially in the U.S. for more than 100 years. Chromium occurs mainly in three forms, described by its valence state. Metallic chromium (Cr[0]) is a steel-gray solid with a high melting point that is used to make steel and other alloys. Chromium metal does not occur naturally but is produced from chrome ore..... |
|
| Read the Entire Article |
|
| Dr. Larry Chiagouris |
| Survey Research to Support Litigation |
| Market Research | 08/07/2009 |
|
| Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Airbags |
| Accident Investigation & Reconstruction | 08/07/2009 |
|
| Airbags are credited with reducing numerous injuries and saving many lives during vehicle accidents. However, there have been incidents where they do not function as intended, and have even caused injuries such as explosive powder burns, detached eye retinas, child suffocation and impact deaths..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Animation |
| Accident Investigation & Reconstruction | 08/07/2009 |
|
| Animations are useful visual tools that can help jurors understand how an incident could, or could not, have occurred. Simply describing an event in court, or showing still pictures, may be insufficient to explain a complex sequence of events..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Biomechanics |
| Accident Investigation & Reconstruction | 08/07/2009 |
|
| Biomechanics is the application of mechanics to the interaction of biological systems with their external environment. When investigating an accident, biomechanical analysis can be used to reconstruct a victim’s motion and relate it to his injuries..... |
|
| Read the Entire Article |
|
| Dr. Michael G. Klassen |
| Orthopaedic (Orthopedic) Surgeon Expert Witness |
| Accident Investigation & Reconstruction | 08/06/2009 |
|
| Orthopaedic surgeons assist in medical/legal evaluations in several ways. Orthopaedic expert witnesses may evaluate claimants with musculoskeletal injuries in cases that require an objective unbiased physical examination and/or expert orthopaedic opinion for settlement, negotiations, or trial..... |
|
| Read the Entire Article |
|
| Robert Erwin Ross |
| Bank Fraud Using Letters of Credit: An Expert’s Perspective |
| Accident Investigation & Reconstruction | 08/03/2009 |
|
| It begins by Mr. Natal walking into TheBank and requesting to open an account for his company that’s just opened a new office in town. With his bank documents, he deposits funds for several million dollars..... |
|
| Read the Entire Article |
|
| Jerome Spear |
| Confined Space Entry: A Review of Confined Space Standards Applicable to Contractors |
| Accident Investigation & Reconstruction | 08/03/2009 |
|
| According to the Occupational Safety and Health Administration (OSHA), one million construction workers are exposed to the hazards of confined space entry each year. However, OSHA’s general industry regulation, 29 CFR 1910.146, Permit-Required Confined Spaces, specifically states that this regulation does not apply to the construction industry due to the differences in the nature of the work sites..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Computer Simulation |
| Accident Investigation & Reconstruction | 07/31/2009 |
|
| When an understanding of complex motions associated with various accidents is required, computer simulation is an invaluable tool, which allows the modeling and visualization of rollovers and collisions. In addition to vehicle accidents, computer simulation can also be used to create many other systems of masses and contacting surfaces, such as a toppling light pole after it has been struck..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Construction |
| Accident Investigation & Reconstruction | 07/31/2009 |
|
| Construction sites and equipment present many hazards if proper care is not taken. The space in and around a construction site is often filled with potentially dangerous, high-powered equipment capable of delivering high forces..... |
|
| Read the Entire Article |
|
| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Doors & Gates |
| Accident Investigation & Reconstruction | 07/31/2009 |
|
| Doors and gates, whether automated or manual, can pose a serious hazard to users if not designed, manufactured, installed and maintained properly. The different types include automatic doors, overhead garage doors, elevator doors, sliding doors, swinging doors, and automatic gates..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Electrical Fires |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Electric fires are becoming more common as appliances and electric feeds are used more and more in our daily lives. Like other fires, the root cause of an electric fire is the introduction of heat, oxygen, and fuel..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Electric Shock |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Electric power and electronic appliances are so integrated with modern life that there is a high degree of likelihood that everyone will receive one or more electric shocks in a lifetime. In many cases, only trivial power levels are involved..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Falls |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Second only to automobile accidents, falls are the leading cause of injury and deaths. Of these, accidents due to slipping or tripping form a large proportion. Slips and trips occur on floors, streets, walkways, stairs, etc..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Fork Lifts & Skid Steers |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Forklifts, industrial trucks, skid steer loaders, bobcats and other similar material-handling machines are often difficult to maneuver and susceptible to a wide range of accidents. Their nature exposes operators and nearby co-workers to falling loads, crushing hazards and lading dock falls..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Golf Carts |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| There are roughly 9,000 golf cart related accidents requiring emergency room treatment in the United States each year. The majority of these accidents are related to either braking, cart rollover or passenger ejection. These problems are common to golf carts due to their open design, lack of seatbelts, poor braking capabilities and the uneven terrains they are driven on..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Machine Guarding |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| The primary function of all guarding is to prevent an operator or bystander from being injured by a potentially dangerous portion of a machine. Often the hazard involves moving parts with the potential to cut, crush or draw-in body parts, although barrier guards may also be necessary when electrical, thermal or chemical dangers are present..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Human Factors |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Human Factors and Ergonomics (HFE) is a branch of science, which is concerned with man’s interaction with his universe. Thus, it is not simply the study of pure science (e.g. sound or light), but rather man’s understanding and reactions (e.g. to hear and see)..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Ladders |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| There are over 100,000 ladder accidents annually in the U.S. requiring hospital emergency room treatment. Although many of these result from user misuse, such as an improper extension ladder lean angle against a wall causing it to slip outward, use of a damaged ladder, or failing to lock a step ladder’s spreaders, many ladders fail due to design or manufacturing defects..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Motorcycles |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Motorcycles, like passenger cars, are capable of high speeds and must share the road with other vehicles. However, unlike passenger cars, motorcycles are capable of rapid accelerations, offer little protection to the operator during a collision and require special skills to maneuver effectively..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Occupant Injuries |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| In many vehicle accident investigations, it is necessary to know not only the speeds and motions of the vehicles involved, but the causes of injuries suffered by their occupants as well. Such investigations seek to answer questions regarding occupant ejection, effects of seatbelt use, airbag deployment and body-interior impacts..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Parking Lots & Garages |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Parking lots are the scene of many pedestrian accidents because of the close proximity of people and cars and the confusing traffic patterns that sometimes exist. In addition to pedestrian-vehicle collisions, many trip and fall accidents occur in parking lots as well..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Swimming Pools |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Though swimming pool accidents are sometimes the result of reckless participant behavior, they can also be caused by inadequate supervision, warnings, structures, or defective pool design. Structures commonly found in or near swimming pools include slides, ladders, diving surfaces and fencing..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Power Saws |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Approximately 125,000 serious injuries occur in the US each year related to the use of portable and fixed power saws. Lacerations and similar injuries, such as abrasions and avulsions, account for over 90% of these, which generally occur to males and result in losses in the tens of millions of dollars annually..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Products Liability |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| An end user of a product expects that a given product will not only function as intended, but will be safe from non-obvious hazards. Based upon decades of experience with mishaps during use of common and specialized equipment, thousands of standards have been developed for many consumer products and industrial equipment. Numerous organizations exist, e.g., ANSI, ASTM, SAE, and ASME, that regularly review and update these standards..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Premises Liability |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Places of business, residences, parking and recreational areas contain potential accident sources such as slippery floors and stairs, product displays, automatic doors, ledges, railings, elevators, escalators and other hazardous items. To prevent such items from causing injury to the public, premises owners and their agents have a responsibility to recognize unsafe conditions and exercise reasonable care to maintain or make conditions safe, or warn the public of the risks involved..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Retail Stores |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Supermarkets, pharmacies, home improvement, and department stores expose their customers to many potential accident sources such as floors and aisles, which can become unsafe, and display merchandize that can topple or cause tripping. To prevent such accidents from occurring, these establishments should maintain routine scheduled inspections to insure that unsafe conditions are detected and corrected before accidents occur..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Vehicle Rollover |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| In many vehicle rollover investigations, it is necessary to know not only the speeds and motions of the vehicles involved, but the causes of injuries suffered by their occupants as well. Such investigations seek to answer questions regarding occupant ejection, effects of seatbelt use, roof crush and body-interior impacts..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Seatbelts |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Motor vehicle seatbelt use provides highly effective protection in frontal collisions for impact angles up to 30 degrees off-center (i.e. between 11 and 1 o’clock). All states have laws requiring their use for front seat passengers, as they have been shown to reduce moderate to severe injuries by 50%. They are less effective when your car is hit in the rear or side and sometimes their locking devices malfunction or the anchorage gives way..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Sports, Gyms & Playgrounds |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Recreation, sports, and gym equipment are subjected to large dynamic forces and must be designed to support these loads and protect users from unintentional hazards. Adequate instructions and warnings may be required if their assembly and proper use are not obvious..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Codes & Standards |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Codes and standards specify criteria necessary to ensure that a product, material or process will consistently and safely perform its intended function. Although standards provide minimum design requirements, conforming to a standard is not always sufficient in preventing an accident..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Structural Analysis |
| Accident Investigation & Reconstruction | 07/31/2009 |
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| Structural failure can often produce catastrophic results. In many cases, the damage seen after the accident is not indicative of the cause of the initial failure. Fortunately, based on physical evidence, an investigator can frequently determine how and why a structure failed..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Trucks |
| Accident Investigation & Reconstruction | 07/22/2009 |
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| Heavy trucks, whether tractor-trailers, construction vehicles or garbage haulers, are involved in many serious traffic accidents due to their large weight, high centers of gravity, decreased visibility, poor handling and reduced braking efficiency. In addition, articulated tractor-trailers are subject to additional problems such as jack-knife and trailer sway instabilities..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Vehicle Accident Reconstruction |
| Accident Investigation & Reconstruction | 07/22/2009 |
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| Motor vehicle accidents are the most common type of incidents producing injury in the US. The main issues in litigating automotive accidents involve vehicle speeds, seatbelt usage, airbag deployment, vehicle component failure (e.g. steering, braking), roadway design, occupant biomechanics, rollover, visibility, etc..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Lighting & Visibility |
| Accident Investigation & Reconstruction | 07/22/2009 |
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| A person’s interaction with his environment comes largely from visual cues. Without this information, a pedestrian can trip over an unseen object or a driver might not detect a dangerous situation. In order to avoid these hazards, a person requires adequate lighting and should be provided with appropriate illumination for a given task..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Warnings |
| Accident Investigation & Reconstruction | 07/22/2009 |
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| A warning must inform individuals of a danger, which would not be obvious to them. It must tell them how to avoid the danger, and be easily understood. It should also provide them with the consequences of not heading the warning..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Whiplash |
| Accident Investigation & Reconstruction | 07/22/2009 |
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| A car is stopped for a light when it is unexpectedly rear-ended causing little or no damage to either vehicle. Nevertheless, the passengers of the struck vehicle complain of neck, shoulder and back pain. Insurance claim representatives, attorneys, medical, engineering and biomedical experts are then brought in and various conflicting allegations, testimony and opinions are expressed..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Forensic Engineering Experts: Pedestrians & Bicycles |
| Accident Investigation & Reconstruction | 07/21/2009 |
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| Pedestrian and bicycle accidents in the United States result in approximately 80,000 and 50,000 injuries each year, respectively. Though pedestrians and bicycles move differently, they share important characteristics as both have little protection during a roadway collision with a motor vehicle..... |
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| Read the Entire Article |
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| Len Zimmerman |
| Four Views into the Looking Glass of Quality |
| Business Development | 07/21/2009 |
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| I once had a client who could not pass a mirror without looking at herself. In fact, there was not a mirror that she did not love - or that did not love her. At first I made jokes, yet soon I realized that her behavior was not vanity or to impress others, but a conscious desire to look the best that she could . . . for herself and for those around her..... |
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| Read the Entire Article |
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| Jerome Spear |
| Mobile Crane Safety: Factors Affecting Rated Capacity |
| Accident Prevention & Safety | 07/17/2009 |
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| Mobile crane incidents can cause massive production delays, devastating property damage, and loss of life. OSHA estimates that 89 crane-related fatalities occur each year in construction work, and many of these are high-profile events that receive a lot of adverse publicity. It’s likely that many fatalities could have been avoided with proper mobile crane lift planning..... |
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| Read the Entire Article |
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| Jerome Spear |
| Mobile Crane Safety: The Importance of Lift Planning |
| Accident Prevention & Safety | 07/17/2009 |
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| Nearly 90 crane-related fatalities occur each year at construction sites. A 1997 study by The Center to Protect Workers’ Rights examined the causes of crane-related deaths occurring from 1984 through 1994. The authors retrieved data from OSHA’s Integrated Management Information System (IMIS) to identify the number of fatal accidents involving cranes and determine their causes (see Figure 1). They found 479 accidents involving 502 fatalities..... |
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| Read the Entire Article |
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| Maggie Chamberlin Holben, APR |
| Effectively Using PR To Turn Up The Volume On Your Brand |
| Marketing | 07/15/2009 |
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| The greatest sin in the public relations realm is the sin of doing absolutely nothing and then wondering why the media isn’t paying attention to you (or, in the case of a crisis, are eating you alive). As a business owner or manager, you can arm yourself with a copy of Full Frontal PR or Public Relations For Dummies and engage in "do it yourself" PR or you can contract with a PR consulting firm to assist you in the adventure. Whatever the case, it’s up to you to make use of proven PR tactics to help build awareness and credibility for your brand..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Industry Standards |
| Human Factors | 07/14/2009 |
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| A standard can be defined as a document issued by a recognized agency, and dealing with design and/or safety requirements relating to a specific product or type of activity. Such agencies include the U.S. Occupational Safety and Health Administration (051-IA) and the American National Standards Institute (ANSI). OSHA standards are generally legally binding for an employer, while ANSI standards are generally of an advisory nature. The term "industry standard," however, is ordinarily taken to have a broader meaning, including formal standards as just defined, and also including designs and procedures not required in formal standards, though prevailing in a specific industry, and which represent generally accepted custom and practice..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Analysis and Testing in Accident Reconstruction |
| Forensic Analysis | 07/14/2009 |
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| Persons with no training in engineering are generally unaware of the nature of engineering analysis, and so tend to assume that testing, as a means of determining the causation of accidents, is a dominant tool of the engineer. In the following examples, we shall undertake to explain the nature of engineering analysis, and to show that it is more basic than testing because testing without analysis is meaningless. Further, while analysis is always necessary in accident reconstruction, testing is only sometimes necessary..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Lawnmower Accidents |
| Accident Investigation & Reconstruction | 07/14/2009 |
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| There are approximately 180,000 lawnmower accidents per year. In this introductory presentation, we undertake to describe the various ways in which these accidents occur..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Slip and Fall Accidents |
| Forensic Analysis | 07/14/2009 |
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| Second to automobile accidents, accidents due to falls are the leading cause of injury and death. Of these, accidents due to slipping (not tripping) form a large proportion. Slipping may occur on floors, walkways, and stairs or steps. For Introductory purposes, however, the present discussion will be limited to slipping on flat surfaces such as a floor or sidewalk..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Reaction Time |
| Human Factors | 07/14/2009 |
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| When a person becomes aware of a dangerous situation, a time-interval must elapse before he can take defensive action against it. This time interval, commonly called the reaction time, has been found to be about 0.7 second for all normal persons, regardless of their background and training. This suggests that the reaction time depends on some basic aspect of the human physiology-involving the brain, nervous system, and muscles-which does not vary much from person to person..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Whiplash During Low Speed Impact: Fact or Fraud? |
| Automotive/ Vehicular | 07/14/2009 |
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| A car is stopped for a light when it is unexpectedly rear-ended by a vehicle from behind. It is not a hard impact and there is little or no damage to either vehicle, because the energy absorbing bumpers have protected them. Nevertheless, the passengers of the struck vehicle complain of neck, shoulder and back pain. The next day they allegedly experience even greater pain and visit a medical person who claims that they have been injured. Insurance claim representatives, attorneys, medical, engineering and biomedical experts are then brought in and various conflicting allegations, testimony and opinions are expressed. Do we have a legitimate injury claim on our hands or a situation of fraud?.... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Automobile Braking |
| Forensic Analysis | 07/14/2009 |
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| Accident reconstructionists are often called on to determine the distance that a car, covers while being braked to a stop. Conversely, the reconstructionist may be given information as to the length of the skidmarks left by a car on the roadway, and may be asked to determine how fast the car must have been going at the beginning of the skid. An expert can accomplish this with considerable accuracy, based on a knowledge of the physical principles that are involved, plus available information relating to the friction of tires on various types of road surfaces..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Golf Car Hazards |
| Forensic Analysis | 07/14/2009 |
|
| According to the Consumer Products Safety Commission (CPSC), there are approximately 10,000 golf car related injuries requiring emergency room treatment in the US each year. One significant mode of injury in golf car accidents is passenger ejection, which can lead to serious injuries, especially of the head. Based on CPSC statistics, roughly 35% of golf car accidents involve a person falling out of the car. In addition to ejection accidents, at least 10% of golf car accidents involve a rollover and statistics indicate that such accidents are roughly twice as likely to lead to injuries requiring a hospital stay as non-rollover accidents..... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Stepladder Instability Testing |
| Forensic Analysis | 07/14/2009 |
|
| According to Consumer Product Safety Commission (CPSC) accident estimates, tens of thousands of stepladder accidents requiring emergency room treatment occurred annually in the United States. Approximately 85-90% of these accidents involve the user falling from the ladder and 8-9% of these injuries are serious enough to require that the victim be admitted to a hospital. In addition to posing a severe health concern, these accidents have significant loss-of-wages and high medical expense implications..... |
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| Read the Entire Article |
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| IMS Expert Services |
| Supreme Court to Review Controversial Patent Ruling |
| Patents | 07/07/2009 |
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| It is déjà vu all over again, as the Supreme Court once again has agreed to review a controversial patent ruling of the Federal Circuit Court of Appeals. The issue this time: whether a patent owner's rights were exhausted by a license agreement and subsequent sale of product pursuant to the license..... |
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| Read the Entire Article |
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| IMS Expert Services |
| For Ronald Katz, Patent Litigation Pays Billions |
| Patents | 07/07/2009 |
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| Ronald A. Katz once predicted that he would someday become the wealthiest patent holder ever. By most estimates, he has achieved that goal – or will soon..... |
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| Read the Entire Article |
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| IMS Expert Services |
| Daubert Ruling Could Severely Curtail Celebrex Cases |
| Toxicology | 07/07/2009 |
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| A federal judge's decision to exclude expert testimony may force hundreds of plaintiffs to drop their claims against Pfizer Inc. that the anti-inflammatory drug Celebrex caused them to suffer heart attacks or strokes..... |
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| Read the Entire Article |
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| Dr. Thomas L. Read |
| White Paper: Reverse Engineering |
| Design | 07/07/2009 |
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| Before expending the effort necessary to reverse engineer a device or object, it must be definite that the object under study is not covered by one or more patents. This avoids a dispute over patent violations. Once it has been established that no patent coverage exists, one can use multiple techniques to reverse engineer a product. These are summarized below:.... |
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| Read the Entire Article |
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| Dr. Thomas L. Read |
| Failure Analysis of a Failed Ceramic Water Holding Tank on a Toilet |
| Failure Analysis | 07/07/2009 |
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| The cracked tank was first inspected in the "as received" condition. In this condition it was cracked, but it was still whole. Next, the failed tank was separated by pulling it apart. This was done to expose the fracture surfaces of the main crack. This allowed for a complete failure analysis and for a determination of where the crack initiated..... |
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| Read the Entire Article |
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| Dr. Thomas L. Read |
| Failure Analysis of a Broken Jam Jar |
| Failure Analysis | 07/07/2009 |
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| Glass fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin. Once the origin has been identified, it can be examined in detail with a microscope to determine the cause of the failure..... |
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| Read the Entire Article |
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| Donald H. Marks, MD, PhD |
| Liver Toxicity At Normal Doses Of Acetaminophen |
| Medicine | 07/02/2009 |
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| Acetaminophen is an analgesic (pain reliever) and anti-pyretic (controls fever) medication that is sold over-the-counter — without a prescription. More than 200 pain relievers and cold remedies under various trade names, including Tylenol, contain acetaminophen..... |
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| Read the Entire Article |
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| Rich Weinfeld |
| What We Have Learned: Experiences in Providing Adaptations and Accomodations for Gifted and Talented Students With Learning Disabilities |
| Child Welfare | 06/24/2009 |
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| Would you allow a person to use a wheelchair? Would you carry him or her? If using a wheelchair gives someone an unfair advantage in a race, should his or her time count the same as that of other runners? Would you allow a person to wear glasses for reading a test, even if they only help a little? What about glasses that are so strong that they give the person an ability to read faster than average? Would you allow a person to use a word processor if you knew that the person had a severe writing disability but had ideas that showed evidence of giftedness? Would you allow dictation for a gifted student who had a severe writing disability?.... |
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| Read the Entire Article |
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| Rich Weinfeld |
| Rich Weinfeld Enabling or Empowering? Adaptations and Accommodations for Twice-Exceptional Students |
| Psychology | 06/24/2009 |
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| This article addresses the different perceptions that parents, students, and teachers have regarding appropriate accommodations for twice-exceptional students..... |
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| Read the Entire Article |
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| Rich Weinfeld |
| A Break in Communication: When an Advocate Is Needed |
| Family Issues | 06/24/2009 |
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| Each and every child is born with potential. The adults in that child’s world must work to make certain that there are educational opportunities in place to ensure that potential is reached. Every time an adult acts to support a child’s potential or speak on his or her behalf, we are striving to act as an advocate. In some instances, parents will use traditional venues, such as.... |
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| Read the Entire Article |
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| Jerome Spear |
| Improving Contractor Safety Performance |
| Accident Prevention & Safety | 06/23/2009 |
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| Contractors are hired for their technical competency and skill to construct a project that has been conceptualized by the project owner and designed by the owner’s architect(s) and engineer(s). However, since the construction project occurs on the owner’s site, the owner is potentially exposed to additional liability (i.e., OSHA fines and tort liability) that must be considered. In general, there are two approaches to address such potential liabilities.... |
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| Read the Entire Article |
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| Dr. Gerald Goldhaber |
| Samples of Effective Product Warnings |
| Warnings & Labels | 06/19/2009 |
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| The Goldhaber Warnings Report: In the last issue of this newsletter, I listed the major components found in most warnings along with making several suggestions that should help improve a warning’s conspicuousness and make it more likely to gain the attention of the product’s user at the time of use. The following is an example of a warning that.... |
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| Read the Entire Article |
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| Robert Erwin Ross |
| Midnight Oil Burners |
| Securities | 06/19/2009 |
|
| I had a call last week on Friday, from the search firm, seeking to potentially fill a recent query for an Expert Witness. Reporting that I’m available for a phone interview was the next step. With that in mind, I could expect a call from a law firm partner, who would be asking.... |
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| Read the Entire Article |
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| Peter Power, BA FIRM FCMI FBCI |
| Crisis? What Crisis |
| Crisis Management | 6/17/2009 |
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| It might have been 30 years ago but in a new age of immediate and global communications there is a message here for 2009: Any world leader is on a stage these days and the audience compared to 1979 is not just one country.... |
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| Read the Entire Article |
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| Dr. Alan M. Perlman |
| Forensic Linguists: When Does a Lawyer Need One? |
| Linguistics | 6/17/2009 |
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| When does a lawyer need a linguist? As Roger Shuy, one of the most pre-eminent forensic linguists, has observed, the interpretation and application of the law are overwhelmingly about language.... |
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| Read the Entire Article |
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| Martin Brenner |
| California Looks Out for Youngest Victims of Domestic Violence |
| Domestic Violence | 6/16/2009 |
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| Family violence is a serious issue that plagues societies across the world and clogs up the already overburdened criminal justice system. Domestic abuse can occur between any two or more people living together – husbands and wives, boyfriends and girlfriends, partners, children, siblings, parents and others. It can include any type of physical.... |
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| Read the Entire Article |
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| Martin Brenner |
| Coping with Today’s Tumultuous Environment |
| Counseling | 6/16/2009 |
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| The age in which we live is full of stressors that can build and trigger a slew of negative emotions. Anxiety and frustration are everywhere in today’s society and the way in which we choose to deal with them can have a profound impact on our lives. What we choose to do with our pain is up to us..... |
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| Read the Entire Article |
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| Martin Brenner |
| Domestic Violence: Causes and What We Can Do to Control It |
| Domestic Violence | 6/16/2009 |
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| Domestic violence goes far beyond the typical stories you hear so often in the news. It can involve a spouse, former spouse, girlfriend, boyfriend, a child, parent or live-in partner. Hitting is but one aspect of domestic violence, a social issue across the globe that has a far-reaching impact.... |
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| Read the Entire Article |
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| Martin Brenner |
| Dysfunction at the Top: How Addiction Affects the Powerful |
| Addiction Issues | 6/15/2009 |
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| So many people wrongly assume that addiction is a problem that plagues the weak and the poor. Addiction does not leave anyone out. In fact, the rich and the powerful have their fair share of problems with addiction. They just have more resources to conceal and deal with the problems.... |
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| Read the Entire Article |
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| Martin Brenner |
| Behaving Badly: Anger Management |
| Anger Management & Related Issues | 6/5/2009 |
|
| Christian Bale is no stranger to the ranting and raving so common today among celebrity types. Whether they feel some sense of entitlement or superiority, gross displays of celebrity anger are everywhere. In Bale’s case, a July outburst on a movie set has left his public image in tatters. He has apologized for the incident, calling himself a “punk” and saying.... |
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| Read the Entire Article |
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| Robert C. Sugarman, PhD, PE |
| Human Factors Experts: A Case Study |
| Human Factors | 6/4/2009 |
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| It was a dark and lonely night – as your client, a middle aged man, drove along an unfamiliar country road, watching out for deer that often jump out in front of cars at that time of year. Soon after the road curved to the right he realized that a disabled car with no lights on was angled across the road in front of him..... |
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| Read the Entire Article |
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| Robert C. Sugarman, PhD, PE |
| Human Factors Experts: An Introduction |
| Human Factors | 6/04/2009 |
|
| Back in graduate school, the Psychology Department chair at MIT liked to tell his classes about the three Laws of Nature: the Law of Falling Bricks, the Law of Falling Cats, and the Law of Falling People. Physicists have formulated the precise laws that describe how a brick falls from a table to the floor. Biologists have discovered how cats fall differently from bricks, twisting reflexively to always land on their feet. But what laws completely describe a person falling from a roof? This is the challenge of behavioral scientists..... |
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| Read the Entire Article |
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| Robert C. Sugarman, PhD, PE |
| Human Factors Experts: To Err Is Human; To Design Is Divine |
| Human Factors | 6/04/2009 |
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| To err is human; to design is divine. Forensic Human Factors specialists help lawyers analyze the root cause of an accident by determining who erred and why. Human factors applies research from a number of fields to design and evaluate things that people use in work and everyday activities.... |
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| Read the Entire Article |
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| Dr. Stephen M. Raffle |
| How to Read a Psychiatric Report |
| Psychiatry | 5/28/2009 |
|
| All psychiatric reports evaluate something, but not always the same thing. For example, eligibility for benefits, or fitness to do a job. To make sense of the report, the reader must determine what is being evaluated and how it is being done.... |
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| Read the Entire Article |
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| Dr. Stephen M. Raffle |
| The Therapist as Expert Witness? Reasons the Treating Psychotherapist Should Not Be the Expert Witness |
| Psychiatry | 5/28/2009 |
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| In civil cases where emotional distress is alleged, it often occurs that the plaintiff’s attorney designates the treater as his expert. Usually the argument is that the plaintiff’s own therapist has spent many more hours with the plaintiff than the defense expert and therefore "knows" the plaintiff better. The treater often agrees with this reasoning.... |
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| Read the Entire Article |
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| Andrew Le Cocq |
| Application of Human Factors Engineering in Medical Product Design |
| Human Factors | 5/25/2009 |
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| Advancements in medical instrumentation are often judged on technical factors such as increased accuracy or increased capabilities without regard to the operator, or to the degree of knowledge or training required to make the instrument perform all of the advanced functions for which it was designed. Because patient safety and efficient use of an instrument are ultimately determined by the operator, it is imperative that medical instruments be designed not only with capability and functionality in mind.... |
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| Read the Entire Article |
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| Shawn Gyorke |
| The Top Ten Questions About Event Data Recorders (Vehicle Black Boxes) |
| Automotive/ Vehicular | 5/22/2009 |
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| Event Data Recorders (EDRs) are electronic devices, commonly called Black Boxes, that are installed in motor vehicles. EDRs have the ability to record information about what a vehicle did before, during and immediately after a traffic crash.... |
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| Read the Entire Article |
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| Shawn Gyorke |
| Deciphering the NHTSA Event Data Recorder Ruling |
| Automotive/ Vehicular | 5/14/2009 |
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| Vehicle Event Data Recorders (EDRs), commonly referred to as Black Boxes, are part of a vehicle’s airbag control module or powertrain control module. EDRs can be configured to record a variety of data when a vehicle is involved in a crash event. The data sets range from pre-impact speed and brake use, to airbag and restraint system.... |
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| Read the Entire Article |
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| Arthur Zatarain |
| Computer Forensics in Non-Computer Investigations |
| Computer Forensics | 5/14/2009 |
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| While the information recorded on event data recorders (EDRs), commonly referred to as vehicle black boxes, is tremendously helpful in determining how a traffic accident occurred and in improving safety, it was not until recently that EDR data was legally challenged in Illinois and ultimately accepted.... |
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| Read the Entire Article |
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| Shawn Gyorke |
| The Frye Standard: Determining the Admissibility of Event Data Recorders for Traffic Accident Reconstruction in Illinois |
| Accident Investigation & Reconstruction | 5/14/2009 |
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| While the information recorded on event data recorders (EDRs), commonly referred to as vehicle black boxes, is tremendously helpful in determining how a traffic accident occurred and in improving safety, it was not until recently that EDR data was legally challenged in Illinois and ultimately accepted.... |
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| Read the Entire Article |
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| Robert E. (Bob) Underdown |
| What is an expert witness? |
| Expert Witnessing | 5/19/2009 |
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| According to Federal Rule of Evidence 702 an Expert Witness is a witness who, due to their knowledge, skill, experience, training, or education, may give testimony in the form of an opinion.... |
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| Read the Entire Article |
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| Robert E. (Bob) Underdown |
| Broker Contingency Commission - Good or Bad? |
| Insurance | 5/19/2009 |
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| Much has been written about Eliot Spitzer, the New York State Attorney General, and his actions against major insurance carriers and brokerage firms..... |
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| Read the Entire Article |
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| Robert E. (Bob) Underdown |
| Structured Claim Settlements -- Still A Viable Tool? |
| Structured Settlements | 5/15/2009 |
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| Structured claim settlements have often been a preferred method of resolving serious bodily injury and workers' compensation claims. However, recent poor performance of the stock market and low interest rates have made some risk managers and financial officers question the current viability of such settlements.... |
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| Read the Entire Article |
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| Len Zimmerman |
| 20 Practical Ways to Increase Your Sales with "Green" Marketing |
| Marketing | 5/15/2009 |
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| Recently I was on jury duty for the New York Criminal Court in Manhattan. Every day while walking down the long ninth-floor corridor to our jury room, I passed two large, rectangular, strategically-placed, multi-unit recycling containers for waste, paper, cans, glass.... |
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| Read the Entire Article |
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| Robson Forensic |
| The Role of the Indoor Environmental Professional in Mold Remediation |
| Bacteria/ Fungus/ Mold Investigation | 5/15/2009 |
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| The nature of mold contamination and subsequent remediation (sometimes also referred to as "restoration") requires adherence to consistent techniques and protocols to successfully and effectively restore a structure for human occupancy.... |
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| Read the Entire Article |
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| Robson Forensic |
| The IDs Are Fake But The Problem Isn't |
| Alcohol, Tobacco & Other Drugs | 4/21/2009 |
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| The subject of underage drinking invariably brings a personal, often-nostalgic response from older adults.
Many parents of teenagers remember their own days of drinking alcohol before they were of legal age.... |
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| Read the Entire Article |
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| Robson Forensic |
| Expand Alcohol Server Training |
| Alcohol, Tobacco & Other Drugs | 4/21/2009 |
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| Connecticut’s Dram Shop Act says that any establishment that sells an alcoholic beverage to an intoxicated person is legally responsible if the drunk then injures someone else or destroys their property.... |
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| Read the Entire Article |
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| Robson Forensic |
| Perception of Risk – Employer, Worker, and Juror Perspectives |
| Risk Management | 4/21/2009 |
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| The world is a dangerous place in which to live. This, despite the fact that advances in science and medicine have eradicated many diseases.... |
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| Read the Entire Article |
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| Robson Forensic |
| Just Add Water |
| Aquatics Safety | 4/21/2009 |
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| It’s the hottest trend to hit the hospitality industry in decades: to increase heads in beds, just add an indoor waterpark to a hotel. It works so well that some chains have come up with their own formula to expedite the process.... |
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| Read the Entire Article |
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| Robson Forensic |
| Electronic Evidence in Small Cases and Private Litigation |
| Technology | 4/21/2009 |
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| The development of electric lights at the turn of the 19th century gradually and grudgingly replaced gas lighting in homes. This new technology was so misunderstood that people would change their light bulbs in a hurry so the electricity did not "leak out.".... |
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| Read the Entire Article |
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| Robson Forensic |
| Children’s Expectations and Beliefs Toward the Relative Safety of Riding Bicycles at Night |
| Child Welfare | 4/21/2009 |
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| This study examined middle-school-aged children’s expectations, attitudes, and perceptions toward the relative safety of riding bicycles at night with reflectors and/or head and tail lights. Three hundred and sixtythree children in grades 7 through 9 were surveyed.... |
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| Read the Entire Article |
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| Robson Forensic |
| The Growing Problem of Mold |
| Bacteria/ Fungus/ Mold Investigation | 4/21/2009 |
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| Media attention and the public’s perception or fear of "toxic mold exposure" hit a peak in 2001 when a Texas couple was awarded $32 million in a lawsuit {(Ballard v. Farmers Insurance Exchange, No. 99-05252 (Travis Co., Texas, Dist. Ct).... |
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| Read the Entire Article |
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| Robson Forensic |
| Liquor Liability and Subrogation: An alternate recovery source |
| Alcohol, Tobacco & Other Drugs | 4/21/2009 |
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| The vast majority of automobile subrogation claims focus on other drivers. As there is no recovery against the first party (the insured), claims are invariably made against other drivers in the hope of finding an insurance policy.... |
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| Read the Entire Article |
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| Robson Forensic |
| Single-Vehicle Run-Off-The-Road Incidents: Is The Highway The Cause? |
| Automotive/ Vehicular | 4/21/2009 |
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| Each year, run-off-the-road (ROR) vehicle crashes cost our society an estimated $110 billion, killing approximately 16,000 people and injuring another 1,000,000.1 This type of crash occurs when a vehicle leaves the traveled way, encroaches onto the shoulder and beyond, and either overturns or hits one or more natural or manmade fixed objects, such as drainage structures, guiderails, bridge abutments, utility poles or trees.... |
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| Read the Entire Article |
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| Catherine A. Ghiglieri |
| Banking Regulation: Now is Time to do Away with the Too Big To Fail Doctrine |
| Banking | 4/21/2009 |
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| For almost thirty years, bank regulators have operated under the Too Big To Fail (TBTF) Doctrine, whereby insolvent large banks are treated differently than insolvent community banks by keeping the large banks open and closing the community banks. Now is the time to do away with TBTF once and for all.... |
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| Read the Entire Article |
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| Dr. Gerald Goldhaber |
| How to Design a Product Warning: Best Practices |
| Product Liability | 3/16/2009 |
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| The Goldhaber Warnings Report: In the last issue of this newsletter, I listed four key questions that must be answered when conducting a warnings review. Answers to these questions, as well as following the detailed steps I now provide, should help you determine whether or not you need to warn or, if you already warn, whether or not your warning(s) is/are adequate.... |
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| Read the Entire Article |
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| Daniel B. Kennedy, Ph.D., C.P.P., C.C.S. |
| Forensic Security and the Law |
| Other Articles | 4/06/2009 |
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| In ancient Rome, a forum was a public place where important governmental debates were held. Sometimes it was a town square or even a marketplace. Gradually, the forum also became a sort of public ‘courthouse,’ where various trials of importance to the citizenry were held.... |
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| Read the Entire Article |
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| Douglas K. Smith, MD |
| Imaging of Sports Injuries of the Ankle and Foot |
| Injury | 4/6/2009 |
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| The foot and ankle are frequently injured during sporting events and may produce considerable disability in many athletes. Injuries of the foot and ankle may be acute or chronic problems. Cass and Morrey1 reported that acute foot and ankle injuries accounted for 10% of emergency room visits.... |
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| Read the Entire Article |
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| Dr. Alvin W. Cohn |
| Suicides Within The Juvenile Justice System: The Need for Administrative Oversight |
| Jails/ Prisons/ Correctional Facilities | 4/3/2009 |
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| Suicides among youths in the United States is a national tragedy. A successful suicide by an adolescent within the juvenile justice system is both preventable and unconscionable and tends to occur as a consequence of poor or inappropriate staffing, inadequate training, and/or the lack of policy and procedure enforcement.... |
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| Read the Entire Article |
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| Rob Wallace |
| Tried & True: Heinz turns iconic authenticity into fresh relevance. |
| Marketing | 4/5/2009 |
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| The value of being the genuine original cannot be overstated. Behaviorists like Malcolm Gladwell and Barry Schwartz recognize that in a sea of newness, we consumers find comfort in brands that are consistent, honest and real. We immediately recognize their familiar identities.... |
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| Read the Entire Article |
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| Rebecca A. Speer |
| Workplace Violence: A Legal Perspective |
| Workplace Violence | 4/3/2009 |
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| Workplace violence presents one of the greatest challenges an organization can face. Poised at the intersection of corporate oversight and law enforcements purview, threats and violence that affect the workplace generate a wealth of concerns for management.... |
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| Read the Entire Article |
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| Timothy A. Dimoff |
| Life Rage – Is the World Going Mad? |
| Security | 3/24/2009 |
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| School shootings - church shootings - road rage – bullying - workplace rage. We are so angry! It seems as if there are no boundaries anymore. Have we completely forgotten how to deal with life’s setbacks in a civilized manner? Have we become a world full of life’s rages.... |
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| Read the Entire Article |
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| Vincent A. Ettari, P.E., P.C. |
| Are you contemplating subdividing a land parcel? What you should know about the design and installation of water mains. |
| Engineering | 3/23/2009 |
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| In many places of NYS, public water supply systems are available. If your site is situated in such a location, then the lots which will result from your contemplated subdivision will be required to draw their water supply from the municipal water system.... |
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| Read the Entire Article |
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| Dr. Linnda Durré |
| Sir George Martin: Lessons from the CEO of The Beatles |
| Business Management | 3/23/2009 |
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| Treating people equally, focusing on the work, honest communication and doing what you love -- four basic values that legendary record producer Sir George Martin, "the CEO of The Beatles," used with the most successful, creative, zeitgeist-changing, consciousness-raising band in the history of musi.... |
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| Read the Entire Article |
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| Dr. Stephen M. Raffle |
| The Role of the Expert in the Courtroom |
| Expert Witnessing | 5/29/2009 |
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| My teacher and mentor, Dr. Bernard Diamond, pondered the question about the role of the psychiatric expert and other experts in the courtroom. My first public presentation was to the American Criminology Society on this topic, and it has continued to occupy my attention to the present.... |
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| Read the Entire Article |
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| Dr. Brian Heller |
| Reducing Medical Errors and "Never" Events: A Multi-Dimensional Challenge |
| Medical | 3/20/2009 |
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| A recent Medicare policy change has brought into critical focus the fact that hospitals and medical staffs have failed to be effective in reducing medical errors. The Centers for Medicare and Medicaid Services (CMS) announced that it would no longer pay hospitals for the extra costs of treating injuries, infections, or other complications caused by preventable errors.... |
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| Read the Entire Article |
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| Dr. Brian Crowley |
| Assessing Civil Competence |
| Psychiatry | 3/20/2009 |
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| Practicing psychiatrists are not often asked to assess their patients’ mental capacity (competence) to perform ordinary contractual tasks, such as selling a house, signing into the hospital, or making decisions about their own medical care, among a host of other functions.... |
|
| Read the Entire Article |
|
| Hector Pazos |
| Unsecured Hatch Cover Resulted in Death |
| Aquatics Safety | 3/12/2009 |
|
| An experienced Marine Surveyor was in the process of inspecting the cargo in one of the holds of a bulk carrier.
He was climbing out of the hold using a vertical ladder, which terminated in an access hatch of approximately 25" x 25.... |
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| Read the Entire Article |
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| Hector Pazos |
| Self-Actuated Transmission Killed Two People: The Need for Propeller Guards |
| Aquatics Safety | 3/12/2009 |
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| There are numerous public records of self-actuated transmission accidents for both automobiles and boats. However, record-keeping practices does not identify most of the marine incidents of self-actuated transmissions.... |
|
| Read the Entire Article |
|
| Dr. Gerald Goldhaber |
| The U.S. Supreme Court Ruling (Levine vs. Wyeth) Has MAJOR Implications For Potential WARNING Claims Against Pharmaceuticals… |
| Healthcare | 6/19/2009 |
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| The Goldhaber Warnings Report: The U.S. Supreme Court ruling (March 5, Levine vs. Wyeth) will have major implications for the pharmaceutical industry forcing them literally to review all of their warnings and safety instructions for content, clarity and conspicuousness.... |
|
| Read the Entire Article |
|
| Dr. William Alvin McElveen |
| Cerebral Venous Thrombosis |
| Medical | 5/28/2009 |
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| Thrombosis of the venous channels in the brain is an uncommon cause of cerebral infarction relative to arterial disease but is an important consideration because of its potential morbidity. Venous thrombosis may occur with headache and cranial nerve palsies.... |
|
| Read the Entire Article |
|
| Dr. Andrew J. Perry |
| ISO 9001:2008 Audit Checklist - "World Class" Quality Management Systems |
| Engineering | 3/9/2009 |
|
| The over 850 items listed in the "Process/Activity (Look At)" and "Evidence (Look For)" columns are derived from the author’s experience and various international Registrar Lead Auditors. They are provided as guidelines for performing an in-depth assessment to assure full compliance in all areas of a "World Class" Quality Management System.... |
|
| Read the Entire Article |
|
| Vincent A. Ettari, P.E., P.C. |
| Obtain The Necessary Permits And Do Your Homework Before Closing On A Property You Hope To Develop |
| Construction | 3/5/2009 |
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| As you enter into a contract to buy a piece of commercial or industrial property, you should always keep in mind that your new town and county have rules which you must abide by. With regard to the exterior areas of your premises, there are rules concerning your septic system, the maintenance of your building, the addition onto your structure, etc.... |
|
| Read the Entire Article |
|
| Dorman Wood |
| Special: Automotive Industry |
| Automotive/ Vehicular | 2/16/2009 |
|
| Whether you are a credit professional involved in the U.S. automotive industry or not, you have probably been following the almost daily media reports on the industry.... |
|
| Read the Entire Article |
|
| Paul Kamen |
| Surface-Piercing Propellers |
| Boating | 2/16/2009 |
|
| The art of positioning a propeller underneath a boat hull is not a new one. Designers and naval architects have been grappling with every aspect of the propulsion-by-propeller problem for generations, and the result has been the evolution of a well known set of standard and efficient solutions.... |
|
| Read the Entire Article |
|
| Dr. Mary C. Vrtis |
| The Clostridium difficile Epidemic: A Potential Disaster for Long-Term Care |
| Bacteria/ Fungus/ Mold Investigation | 2/10/2009 |
|
| Clostridium difficile (C. difficile), an anaerobic, spore-forming, gram-positive bacteria, has emerged in recent years as a serious health threat in the United States. Although the organism has been known to cause disease for at least 30 years,1 recent mutations have resulted in healthcare–acquired epidemic outbreaks in the United States,2-5 Canada,6,7 Europe8,9 and Japan.10 Genetic fingerprinting has identified a number of strains in clonal outbreaks, and several of these strains are cause for great concern.... |
|
| Read the Entire Article |
|
| Len Zimmerman |
| 10 Steps To Effectively Marketing Your Business Internationally |
| Marketing | 5/4/2009 |
|
| If you are interested in marketing your business internationally you will find valuable insight in the acclaimed book by Thomas L. Friedman - The World is Flat...A Brief History of the Twenty-First Century. The Book's proposition is" As globalization has changed core economic concepts...the world is 'flat' in a sense that the competitive playing field between industrial and emerging market countries has been leveled.... |
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| Read the Entire Article |
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| Dr.-Ing. Dirk A. Lindenbeck |
| Anti-Scale Valves |
| Engineering | 1/16/2009 |
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| In various industries there are valve applications where the standard valves used do not function satisfactorily. When scale is formed on the moving elements of ball valves or gate valves the consequence is either blocking of the valve movement or damage to the valve seats and consequent leaking through the valves.... |
|
| Read the Entire Article |
|
| Donald H. Marks, MD, PhD |
| Homicidal Ideation Causally Related to Therapeutic Medications |
| Other Articles | 5/13/2009 |
|
| The ability of medications to affect the central nervous system (CNS) is well known (Brunton, Lazo, & Lazo, 2005). In some cases, the effects are desired—for example, medications designed to treat seizures, depression, or Alzheimer’s disease.... |
|
| Read the Entire Article |
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| Mark Bello |
| Seven Considerations When Your Client Needs Cash "Now" The right lawsuit funding deal may help your client’s bottom line – the wrong one can kill it. |
| Finance | 1/7/2009 |
|
| The lawsuit finance industry has experienced explosive growth over the past few years. When you look at the industry, you will find hundreds of companies that name lawsuit funding, litigation funding, legal finance, lawsuit finance or some variation of these descriptions as their core competency.... |
|
| Read the Entire Article |
|
| Chris McConnell, AIFA |
| Madoff Matters - Fiduciary Forensics |
| Business Management | 1/4/2009 |
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| As events unfold in the Madoff matter, www.fiduciaryexpert.com has issued a summary related to liability and potential recovery. Of note, feeder funds, introducing parties, board members or trustees of non profits and other eleemosynary organizations, advisers thereto and any insurance coverage.... |
|
| Read the Entire Article |
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| Rosalie Hamilton |
| Should You Be Using a Referral Service? |
| Expert Witnessing | 1/9/2009 |
|
| In addition, a referral service is a marketing and administrative option for a physician wishing to do Independent Medical Evaluations. Referral services are also called brokers, referral agencies or consulting agencies.... |
|
| Read the Entire Article |
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| Rosalie Hamilton |
| Be a Better Expert Witness |
| Expert Witnessing | 1/9/2009 |
|
| We want to be better people, kinder, healthier, wealthier, thinner, and more competent at what we do.
For example, some of my personal goals for the coming year are:
In my dealings with people I will remind myself that almost everyone is coping with one or more personal issues that affect their potential for happiness in a major way and that they welcome a gentle word or touch.... |
|
| Read the Entire Article |
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| Rosalie Hamilton |
| Who Said Experts Shouldn't Advertise? |
| Expert Witnessing | 1/9/2009 |
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| I don't know where such an idea could have come from. I've only heard it from a couple of defense attorneys who of course don't want experts making themselves available for plaintiff lawyers as well as for defense (defense - including insurance - attorneys have no trouble finding experts.... |
|
| Read the Entire Article |
|
| Rosalie Hamilton |
| Expert Pay Discussion |
| Expert Witnessing | 1/9/2009 |
|
| A common refrain among expert consultants is, "How do I make sure I get paid?"
The most important step in getting paid is planning to get paid. Being compensated for your work is too important to leave to chance, hope or optimistic confidence in the decency of your clients. It's business, for goodness' sake.... |
|
| Read the Entire Article |
|
| Gail Howard |
| What to Do Before You Win the Lottery |
| Casinos / Gambling / Gaming | 12/15/2008 |
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| In your heart, you know you are going to win a lotto jackpot eventually. Why else do you buy lottery tickets? Here is some advice for your head and heart while you get ready to win.... |
|
| Read the Entire Article |
|
| Gail Howard |
| Gail Howard's Number Picks for Mega Millions $250 Million Jackpot |
| Casinos / Gambling / Gaming | 12/15/2008 |
|
| Need help picking the best Mega Millions numbers? With a jackpot of $250 million at stake, players are looking for smart ways to beat the Mega Millions' odds. Here are some facts you can take to the bank.... |
|
| Read the Entire Article |
|
| Stan Gale |
| Ski Safety and the Savvy Instructor |
| Accident Prevention & Safety | 12/9/2008 |
|
| Skier safety; we've all heard that phrase a million times, and most of us probably know what it means. As a part-time professional ski patroller who last season switched over to being part-time PSIA instructor, I'd like to offer some observations and suggestions for the Savvy Ski or Snowboard Instructor.... |
|
| Read the Entire Article |
|
| Thomas P. Prevas |
| How to Protect Your Home from Burglars |
| Security | 11/7/2008 |
|
| Household break-ins are in a sharp upswing, spurred by changing social and economic patterns. A counselor to insurance underwriters provides useful tips for safeguarding the house and the family car.... |
|
| Read the Entire Article |
|
| Michael J. West |
| Arkansas Investigations The Deceptive Office Manager Fraud Basics: Employee Theft and Embezzlement |
| Forgery & Fraud | 11/7/2008 |
|
| When this CFE was being ignored by his heating and cooling company he suspected more than poor customer service. Sure enough, the office manager was pilfering the firm. Here's the CFE's story of how he helped devise a plan to prevent subsequent employee fraud.... |
|
| Read the Entire Article |
|
| Siegfried Guggenmoos |
| Increased Risk of Electric Service Interruption Associated with Tree Branches Overhanging Conductors |
| Electrical | 10/22/2008 |
|
| Abstract — Severe weather events such as ice and tropical storms routinely cause extensive damage to electrical distribution systems. Much of the damage and service loss can be attributed to trees. Events where service restoration spans days or weeks are generally closely examined through regulator directed hearings. Even when no specific actions are subsequently.... |
|
| Read the Entire Article |
|
| Siegfried Guggenmoos |
| Outside Right-of-Way Tree Risk Along Electrical Transmission Lines |
| Electrical | 10/22/2008 |
|
| Abstract - For power transmission systems compliant with safety codes and reliability standards there remains a risk of tree-caused interruptions from the in-fall of trees from outside the right-of-way. This paper reports on the quantification of tree exposure outside National Grid’s transmission corridors and examines the variables impacting the risk of a line contact by trees.... |
|
| Read the Entire Article |
|
| Michael J. West |
| Turning "F's" into "A's" When Hiring a Private Investigator |
| Investigation & Surveillance | 10/21/2008 |
|
| There are three considerations when hiring a private investigator: Flexibility, Focus, and Funding.
The final result should reflect these "A’s": Adaptability, Accomplishment, and Affordability (and a successful relationship with your private investigator.... |
|
| Read the Entire Article |
|
| Michael J. West |
| Finding and Hiring a Private Investigator |
| Investigation & Surveillance | 10/21/2008 |
|
| Many states don’t require proof of infidelity to get a divorce. Many people don’t care if this is a requirement or not, as they still want to know and want conclusive proof that their spouse has been seeing someone else before contacting an attorney.... |
|
| Read the Entire Article |
|
| Jonathan S. Shefftz |
| Taxation Considerations in Economic Damages Calculations |
| Taxation | 10/21/2008 |
|
| Present value cash flow calculations for economic damages should be performed on an after-tax basis, regardless of whether the damages award will be subject to taxation.... |
|
| Read the Entire Article |
|
| Bruce E. Koenig |
| Video And Audio Characteristics In VHS Overrecordings |
| Multimedia | 11/25/2008 |
|
| Authenticity examinations of VHS (video home system) cassettes are commonly performed in forensic laboratories and can usually determine whether a submitted recording is original, continuous, and unaltered. One of the important determinations of this analysis is identifying any portions that have been recorded over.... |
|
| Read the Entire Article |
|
| Catherine A. Ghiglieri |
| What Banking Regulators Want: A Guide to Bracing For Your Next Examination |
| Banking | 9/30/2008 |
|
| Bankers are hearing horror stories about examiners’ demands and are confused as to how to plan for their next examination. What should they focus on? And will those things be the wrong things when the examiners come into their bank.... |
|
| Read the Entire Article |
|
| Dr. John Strawn |
| Technological Change: The Challenge to the Audio and Music Industries |
| Multimedia | 9/30/2008 |
|
| In public talks about audio, one often sees a timeline in which "major changes in the audio industry" are said to occur every 10, 25, or perhaps 50 years. Rather than searching for periodicity in a one- or two-dimensional timeline, in this article it will be more helpful to start out by enumerating some of the multidimensional axes along wchich change occurs.... |
|
| Read the Entire Article |
|
| Stephany Alexander |
| Dating Expert, Stephany Alexander, Reveals the Top 20 Do’s and Don’ts of Dating Rules |
| Relationships & Dating | 9/23/2008 |
|
| As a dating expert who has given dating advice to thousands of people since early 2000, there are 20 basic Do’s and Don’t Rules in the world of dating to help you increase your chances of succeeding in dating. Dating can be fun and exciting but getting involved with the wrong person can destroy your life.... |
|
| Read the Entire Article |
|
| Steven D. Nicely |
| Record Keeping |
| Animals | 9/24/2008 |
|
| This statement does not favor drug interdiction it favors the drug smuggler. When the court does not take a team's past into account and rule on the probability of finding drugs before the physical search begins they are allowing dogs that should not be on the street to remain on the street.... |
|
| Read the Entire Article |
|
| Dr. Mark Levin |
| Ethical, Cultural and Religious Aspects of Hereditary Cancer in Jewish Communities |
| Medical | 9/23/2008 |
|
| Acceptance and compliance with screening and genetic programs for genetic illness depends crucially on the compatibility and fit of their design with the social, cultural and religious concerns and mores of target communities. As a case in point, genetic screening programs that are currently in use within Jewish populations are considered on the background of ethical and religious concerns.... |
|
| Read the Entire Article |
|
| Peter J. Weller |
| Safety Issues Associated With Low Pressure Inground Automotive Lifts |
| Elevators/ Escalator/ Automatic Doors | 9/23/2008 |
|
| The advantages of an inground lift (and, especially a one post inground lift) are that it takes up very little space in the shop and it does not interfere with the mechanic’s ability to open the doors of the vehicle being lifted.... |
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| Read the Entire Article |
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| Patrick J. Welch |
| New APTA Escalator Guidelines |
| Elevators/ Escalator/ Automatic Doors | Not Dated |
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| In 1990, APTA developed the first true set of guidelines for heavy duty transit escalators in the United States. This effort took several years to develop. The input of several transit authority users and one manufacturer virtually changed the escalator industry in the United States.... |
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| Read the Entire Article |
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| Patrick J. Welch |
| Remote Monitoring Of Elevators And Escalators: Managing The Alarms And The Maintenance |
| Elevators/ Escalator/ Automatic Doors | Not Dated |
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| The possibility of remote monitoring of elevators has recently become a reality for many manufacturers of elevators. The primary drawback has been that this monitoring has been designed primarily for newly manufactured equipment only.... |
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| Read the Entire Article |
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| Patrick J. Welch |
| Elevator Guidelines For Emergency Generators |
| Elevators/ Escalator/ Automatic Doors | Not Dated |
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| Passengers trapped in elevators need every opportunity to escape an emergency situation. If designed to operate on standby power, the emergency generator must operate elevators safely and reliably.... |
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| Read the Entire Article |
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| Ray Horak |
| Context Expert Opinion: Choose Your Words Carefully |
| Communication | 9/16/2008 |
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| Communications is a science, an art, and a field of study, depending on the context. In simplest terms, communications is the means by which people express ideas or information.... |
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| Read the Entire Article |
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| Dr. Richard Collins |
| Nonlinear Wave Propagation in Viscoelastic Tubes: Application to Aortic Rupture |
| Medical | 9/10/2008 |
|
| Blunt impact to the thorax often results in traumatic rupture of the aorta, leading to immediate exsanguination. Current interest in the mechanisms of this failure is great (Roberts and Beckman, 1970), particularly with regard to vehicular fatilities in which passengers are subjected to high levels of deceleration.... |
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| Read the Entire Article |
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| Dr. Richard Collins |
| Blood Flow in the Lung |
| Medical | 9/10/2008 |
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| The lung constitutes a highly complex and selfregulating system for oxygenating man’s blood and removing its waste materials. It is at the alveolar level that the respiratory and circulatory functions interact and the important exchange processes occur.... |
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| Read the Entire Article |
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| Dr. Richard Collins |
| Dynamic Deformation Experiments on Aortic Tissue |
| Medical | 9/10/2008 |
|
| THE NUMBER of fatalities due to automobile collisions in the United States has reached an annual level of 55,000, according to the statistics of the National Safety Council. Of these, 16 per cent have been estimated by Greendyke (1966) to be due to traumatic rupture of the aorta, on the basis of a sample of 1253 automobile fatalities in Monroe County, N.Y., over a four year perio.... |
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| Read the Entire Article |
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| Dr. Richard Collins |
| CFD Simulation of Airflow in a 17-Generation Digital Reference Model of the Human Bronchial Tree |
| Medical | 9/10/2008 |
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| The uptake of particulate matter by inhalation leads to complex transport processes influenced by unsteady convection through a non-dichotomously branching network of conducting conduits (airways).... |
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| Read the Entire Article |
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| Gary Brooks, CMC, CTP |
| POWER, EGO & GREED |
| Business Management | 8/22/2008 |
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| This subject is prompted by a concern for the corrosion of character observed in our society and, more particularly, in our professional practices. The post World War II ethic that included loyalty, honesty and commitment as portrayed by William H. Whyte in "The Organization Man" has long disappeared.... |
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| Read the Entire Article |
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| Mark I. Levy, MD, DLFAPA & Ronald Roberts, PhD |
| Assessing The Truth: How Forensic Psychiatrists and Psychologists Evaluate Litigants |
| Psychology | 8/22/2008 |
|
| The practice of forensic psychiatry and psychology, like the rest of medicine, is as much art as it is science. At the end of the day, the job of the forensic expert is to be able to communicate complex and at times abstract information in plain, non jargonized language.... |
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| Read the Entire Article |
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| Dr. John S. Meyer |
| XECTCBF Should Be Performed Before TPA Administration In Acute Ischemic Stroke |
| Other Articles | 8/22/2008 |
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| NINDS Stroke Study Group has recommended intravenous (IV) or intra-arterial (IA) thrombolytic therapy in acute ischemic stroke utilizing recombinant tissue plasminogen activator (rtpa) for treatment of acute ischemic stroke, as approved by the U.S. FDA; provided that treatment is initiated within 3 hours for intravenous and within 4 hours via arterial catheters inserted into thrombosed cerebral vessels, timed from the time of stroke onset.... |
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| Read the Entire Article |
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| Dr. Sat Sharma, MD, FRCPC, FCCP, FACP |
| Non-invasive Ventilation |
| Medical | 8/20/2008 |
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| Non-invasive ventilation (NIV) is the delivery of ventilatory support without the need for an invasive artificial airway. Mechanical ventilation via intubation is associated with many complications, including upper airway trauma, arrhythmia, hypotension, aspiration of gastric contents, sinusitis, pneumonia, and patients’ loss of ability to eat and communicate verbally.... |
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| Read the Entire Article |
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| Steve G. Burgess |
| Why Does Digital Forensics Matter To Me? |
| Computer Forensics | 8/15/2008 |
|
| In the privacy of our studies, offices, libraries, or wherever it is we have our computers, it may seem that we are alone, with no one looking over our shoulders. But every document we draft, every step through the Internet we take, is creating tracks through the digital environment in our computers.... |
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| Read the Entire Article |
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| Dr. Mark Levin |
| Breast Cancer: An Overview |
| Medical | 4/3/2009 |
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| Breast cancer is a malignant (cancerous) growth that begins in the tissues of the breast. Over the course of a lifetime, one in eight women will be diagnosed with breast cancer.... |
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| Read the Entire Article |
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| William F. Herzog |
| Trustee's Report: Chapter 11 Reorganization, Likelihood Of Success |
| Finance | 4/3/2008 |
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| The Debtors consist of 13 nursing facilities and a management company. The Debtors operations commenced in May 2004. Due to the age of the facilities, substantial maintenance expenditures have been, and likely will be, required on a going forward basis.... |
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| Read the Entire Article |
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| Stephen D. Kirkland, CPA, CMC |
| Excise Taxes For Unreasonable Compensation At Charities |
| Taxation | 4/3/2008 |
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| The Internal Revenue Service (IRS) now keeps a close eye on charities and social welfare organizations to ensure that their tax-exempt status is not abused. One of the primary factors the IRS now examines is the amounts of compensation and benefits provided by charities to their key employees.... |
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| Read the Entire Article |
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| Leslie N. Cole, Sr., MA, CPP, CST |
| Verdict For The Defense |
| Risk Management | 4/3/2008 |
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| We are retained more often by Plaintiffs than by Defense Attorneys for our Expert Witness services. This is not by choice. Trial Attorneys representing Plaintiffs retain us disproportionately, when defendants operate unsafe and unsecured environments.... |
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| Read the Entire Article |
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| Katherine M. Koppenhaver, CDE |
| Desktop Forgery |
| Forgery & Fraud | 3/2/2008 |
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| In the past few decades the proliferation of computer equipment has simplified the method of creating fraudulent documents. Desktop publishing is making it easy to create counterfeit documents from letters of credit to forged checks.... |
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| Read the Entire Article |
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| Carol Hayes, RN, BSN, CLNC |
| 5 Areas of a Chart to Review in Every Medical Record Analysis |
| Medical | 3/2/2008 |
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| In every medical related case there are areas of the medical record that should be evaluated regardless of the type case or the surrounding circumstances. These areas of the record are important because they can contain key pieces of information about what did or did not occur during the care of that particular patient.... |
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| Read the Entire Article |
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| Applied Marketing Science, Inc. |
| Experts Checklist: What To Look For When Choosing a Survey Expert |
| Expert Witnessing | 11/29/2007 |
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| Testifying Skill
Speaks clearly and convincingly
Can translate technical subjects into simple terms
Remains poised when testifying, despite intensive questioning
Develops and maintains an opinion about disputed topics.... |
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| Read the Entire Article |
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| Phillip Feldman, B.S., M.B.A., J.D. |
| Everything California Family Lawyers Never Wanted To Know About Ethics But Were Afraid To Ask? |
| Laws & Procedures | 11/29/2007 |
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| Baseball’s all time national home run champ (no author is not old enough to have watched Ruth or Gherig)is not only a bombastic batsman but is lucky in other ways. In Marriage of Bonds 24 Cal 4th 1 (2000).... |
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| Read the Entire Article |
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| Evelyn Gray, CPO-CD® |
| 10 Focusing Strategies for ADD Clients |
| Professional Skills | 11/15/2007 |
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| It’s so hard for ADD people to concentrate on tasks some times, because every time something is touched, they think of something else to do. So just trying to say out loud to yourself, "Focus, focus, focus"—easier said than done, but give it a try.... |
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| Read the Entire Article |
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| Margo Berman |
| How Zen Can Shape Creative Thinking |
| Feng Shui/ Zen | 7/18/2007 |
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| Introducing Zen into a creativity seminar provides stimulating discussions, invigorating stories, and compelling exercises. It is especially useful in shifting paradigms, redirecting participants’ thinking, and sharpening their focus.... |
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| Read the Entire Article |
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| Margo Berman |
| Common Design Mistakes |
| Design | 7/18/2007 |
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| Inexperienced creative ad majors often make the same types of mistakes in their layouts. These errors demonstrate a lack of awareness of the basic components of ad design. First, they do not have an understanding of overall composition. Second, they have a weak comprehension of the correct use and application of typography.... |
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| Read the Entire Article |
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| Jonathan S. Shefftz |
| Wrongful Profits: Setting The Record, And The Concept, Straight |
| Economics | 6/28/2007 |
|
| The Vermont Supreme Court’s decision in Agency of Natural Resources v. Deso11 does not, so to speak, throw the baby out with the bathwater, but rather sets forward what can be seen as constituting part of a helpful framework for distinguishing between the two. Nor does the decision contain any self-contradictory implications.... |
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| Read the Entire Article |
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| Dr. James E. Shaw |
| Prosecutor as Persecutor: Can an Expert Save Justice? |
| Expert Witnessing | 7/25/2006 |
|
| Late one night, my telephone rang, and on the other end was a high-profile criminal defense attorney with whom I have worked on gang cases and other kinds of juvenile justice proceedings. He said he had to meet me for lunch the following day.... |
|
| Read the Entire Article |
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| Joel Finard |
| A Discovery Road Map for Complex Financial Services Litigation |
| Finance | 7/25/2006 |
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| The successful conduct of discovery in complex financial services litigation requires the incorporation of a sophisticated understanding of the people, process, and technology employed within the industry.... |
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| Read the Entire Article |
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| Paul Kayfetz, JD |
| Visibility Studies: On a Clear HD-Video You Can See Forever |
| Computers | 9/17/2007 |
|
| The objective of this article is to report on the integration of improved video and related computer technology into existing, long-accepted visibility study preparation and presentation methodologies. The result has been an incremental extension of the types of visual environments which can be reproduced with substantial similarity for admission as visibility evidentiary exhibits in court.... |
|
| Read the Entire Article |
|
| James E. Shaw, Ph.D. |
| Evaluating Your Expert Witnesses and Witnessing Their Value |
| Expert Witnessing | 7/25/2007 |
|
| Three friends of mine, all working expert witnesses, called me to recount their experiences with private investigators who interviewed them for prospective cases. One complained that the private investigator "asked me if I could stand up to a Daubert Hearing.... |
|
| Read the Entire Article |
|
| James E. Shaw, Ph.D. |
| Virginia Tech Slayings: The Pearl Harbor of School Violence |
| Arms / Guns / Weapons | 7/25/2007 |
|
| The unspeakable happened at Virginia Tech University, on April 16, 2007, reminding us all that murder at school has "graduated" from the campuses of high school to the hallowed halls of university. Thirty-two students went to school to get educated and, instead, got executed.... |
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| Read the Entire Article |
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| Arthur Zatarain, PE |
| Outwit The Gremlins That Jeopardize Control-System Reliability |
| Control Systems | 7/20/2007 |
|
| In order to maintain complete control-system reliability, you have to be committed. Here are four often-overlooked flaws that can creep into modern automation and control systems while you're not watching.... |
|
| Read the Entire Article |
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| Sterling Anthony, Consultant & Strategist |
| Packaging and Product Liability |
| Product Liability | 8/20/2007 |
|
| A more appropriate term would be packaged product liability, because a packaged product consists of product + package, and either component (or both) can incur allegations of negligence, strict liability, and failure to warn.... |
|
| Read the Entire Article |
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| William J Pyznar, P.E. |
| Exterior Insulation and Finish Systems (EIFS) – What is the problem? |
| Construction | 4/25/2007 |
|
| Exterior Insulation and Finish Systems (EIFS) include a group of exterior cladding systems that was introduced from Europe to the United States approximately 30 years ago. EIFS was first used in Europe after World War II to reclad many bombed and damaged buildings.... |
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| Read the Entire Article |
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| Douglas Baumgarten, M.S. |
| Safety Precautions In The Health / Fitness Setting |
| Recreation & Sports | 4/25/2007 |
|
| Every club struggles with safety and liability issues. In addition to OSHA, state, and local regulations governing employee safety, clubs must take every reasonable precaution to protect their members from harm – while still offering a satisfying service experience.... |
|
| Read the Entire Article |
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| Mike Kerr |
| Managing To Have Fun |
| Professional Skills | 4/10/2007 |
|
| Business author Paul Hawken said it best, "We lead by being human. We do not lead by being corporate, by being professional or by being institutional." Perhaps that’s why many leaders are embracing one of the most undervalued human resources they have at their disposal - their sense of humor.... |
|
| Read the Entire Article |
|
| Andrew Barile, CPCU |
| What Qualities Do Lawyers Value Most When Selecting An Insurance And Reinsurance Litigation Consultant? |
| Expert Witnessing | 5/23/2007 |
|
| Insurance agents, insurers, and reinsurers are spending more money and devoting more resources on legal services and insurance advice than ever before. More companies are embroiled in legal disputes or being sued.... |
|
| Read the Entire Article |
|
| Wayne Reitz, PhD, PE |
| Elements of Failure Analysis |
| Failure Analysis | 5/24/2007 |
|
| Failure analysis is conducted to determine the root cause of failure. Sometimes these failures are catastrophic, e.g., Titanic. Other times the failures are a nuisance, e.g., failed o-ring in plastic faucet water valve. In both cases, the component failed unexpectedly, which can result in injury or death, not to mention financial loss due to unscheduled downtime.... |
|
| Read the Entire Article |
|
| Dean A. Schiffman, PhD, Esq. |
| Lawyering by the Numbers |
| Statistical Analysis | 4/16/2007 |
|
| Do you avoid statistics? Is "statistic" a pejorative term in your mind? When giving numbers to a jury do you imagine the hoary head of Mark Twain bawling, "lies, damned lies and statistics.... |
|
| Read the Entire Article |
|
| Kathleen L. O'Neal |
| The 59¢ Yellow File Folder |
| Professional Skills | 4/16/2007 |
|
| I'm going to share with you another true story. I'm not recommending this method unless you have solid verbal skill sets and you find yourself in circumstances similar to these.... |
|
| Read the Entire Article |
|
| Earl Pye, PhD, PE |
| An Introduction To Corrosion |
| Corrosion | 4/16/2007 |
|
| Suppose that you lose your pen. As a result you cannot write because you do not have a writing instrument that functions. That simple device, your pen, has a miraculous effect on your ability to perform. It is in this connection that we want to discuss the science and technology of corrosion.... |
|
| Read the Entire Article |
|
| Vincent Ettari, P.E. |
| Does Your Site Have Excessive Slopes? What to Consider When Developing Land With Steep Slopes |
| Construction | 12/28/2006 |
|
| In developing a vacant piece of land, steep slopes are often an issue. And, the more prevalent the steep slopes are on a site, the greater the likelihood that retaining walls will be part of the Approved Site Plan. Let us consider three municipalities which regulate the final allowable slopes for land which is filled, cut, or graded.... |
|
| Read the Entire Article |
|
| Thomas Roney |
| Economic Experts: If, When, And How To Use Them |
| Expert Witnessing | 12/28/2006 |
|
| As an attorney, plaintiff or defense, you face this question in every case with economic damages. You know not every case requires an economic expert. When the economic damages are minimal or easily computed, such as past wage or profit losses, an expert may not be necessary.... |
|
| Read the Entire Article |
|
| Arthur Zatarain, PE |
| How To Test Redundant And Backup Control |
| Control Systems | 12/25/2006 |
|
| Many of us are inclined to ignore the time honored adage, "If it ain't broke, don't fix it." Sometimes our handyman instincts can't leave well enough alone. Yet that same intuition also encourages us to believe, "If it ain't broke, don't test it." This reluctance is especially evident when it comes to testing the redundant and backup features of our critical control systems.... |
|
| Read the Entire Article |
|
| Joseph A. LaSorsa, CPP |
| Guidelines to Selecting a Security Negligence, Premises Liability Expert |
| Expert Witnessing | 12/25/2006 |
|
| Searches for quality "Security Experts" are conducted on a daily basis by attorneys, V.I.P.’s and corporate executives. Most experts list themselves with referral agencies or expert database web sites. The experts usually list their experience, background and credentials and some of the sites require a fee to be paid by the experts.... |
|
| Read the Entire Article |
|
| Alberto M. Goldwaser, MD, DFAPA |
| Sexual Harassment: "Cinderella" Or The "Little Mermaid", Victim Or Tease |
| Sexual Abuse/ Molestation/ Harassment | 8/7/2006 |
|
| Cinderella – the persecuted heroine – was forced to perform with the enticement of an immediate reward (going to the party), and a promotion of sorts (being treated equally). The Little Mermaid picked out (teased) her suitor, pursued him, and after a long, far-reaching, and conflicted relationship, she ended up down and under.... |
|
| Read the Entire Article |
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| Dr. J. Crystal Baxter |
| Malpractice Survey: A Survey Of 242 Dental Negligence Cases With Breakdown As To The Sex Of The Defendant Dentist |
| Professional Malpractice | 8/7/2006 |
|
| In the past 12 years, I have been requested to review 242 medical legal cases to evaluate them for dental negligence. Of the cases reviewed, the majority of them had unfortunate results to which the patients attributed to malpractice. The purpose of this article is not to assess the merit of these litigations, but to educate the dental practitioner as to the types of treatment which may result in a greater incidence of legal claims, so that they will be better prepared to avoid them.... |
|
| Read the Entire Article |
|
| Vickie Willard |
| Forensic Document Examination: Guidelines for Evaluating Credentials |
| Expert Witnessing | 8/8/2006 |
|
| It can be challenging to find the right expert when you need a handwriting expert/document examiner. Where do you look and what criteria do you use to determine which person has the expertise, competency and experience that will help you to solve your document problem? Experts advertise on various Internet sites, such as expertpages.com.... |
|
| Read the Entire Article |
|
| Vedoster Ingram, PhM, MS, BS |
| Law Enforcement and Society Can Benefit from Greater Transparency in Controlled Drug Analyses |
| Alcohol, Tobacco & Other Drugs | 10/30/2006 |
|
| In this article, concerns are presented from the perspective of a former Drug Enforcement Administration chemist and a practicing forensic chemist consultant about the shortcomings that law enforcement and society now face with the lack of transparency in the government analyses of controlled drugs.... |
|
| Read the Entire Article |
|
| Dwain M. Daniel, D.C., Ronald L. Rupert, M.S., D.C |
| Calibration And Electrical Safety Status Of Therapeutic Ultrasound Utilized By Chiropractic Physicians |
| Medical | 10/30/2006 |
|
| Background: Although over 70% of chiropractic physicians utilize ultrasonic therapy (UST), there has never been an investigation of the calibration or electrical safety of this commonly used therapeutic modality within the chiropractic profession.... |
|
| Read the Entire Article |
|
| Dorothy Pederson |
| Dealing with Difficult People |
| Business Management | 8/7/2006 |
|
| The business of service is an interesting one to say the least. The subtle path to success lies in knowing ourselves. You might ask what I mean. What I am saying is that it is only in gaining understanding into our own feelings, reactions, and habits that we master the real art of relationship. It is always all about us.... |
|
| Read the Entire Article |
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| Dorothy Pederson |
| Managing Frontline Employees for Customer Success: A Toolbox of Employee Satisfaction Ideas |
| Business Management | 8/7/2006 |
|
| For decades there has been a chasm between frontline employees, typically hourly, and management. Frontline employees recognize a problem and feel powerless to "fix it." They blame management and expect them to "fix it!" They perceive that management does not listen to them. They feel discounted. So they rebel.... |
|
| Read the Entire Article |
|
| IMS Expert Services - Robert Ambrogi (editor) |
| Daubert Ruling Fuels Thimerosal Debate |
| Expert Witnessing | 8/7/2006 |
|
| A federal court ruling excluding all expert testimony that the drug-preservative thimerosal caused a minor child's autism is likely to have repercussions well beyond the case in which it came.... |
|
| Read the Entire Article |
|
| Dennis Andrews, BSOSH, MSOSH, PhD |
| Experts in Mechanisms of Injury |
| Expert Witnessing | 7/7/2006 |
|
| Expert can be found in many scientific fields, and include many variations of disciplines. Some injuries may be sufficiently analyzed by an amateur even including trial testimony. But in complicated and detailed matters an expert with many years experience and specific education and training, on the subject matter may become crucial.... |
|
| Read the Entire Article |
|
| James E. Shaw, Ph.D. |
| Expert Testimony May Show Some Schools Hazardous to Children’s Health! |
| Child Welfare | 7/25/2007 |
|
| One wintry afternoon, a San Francisco-area attorney called me to ask if she could enlist my expertise for an assault and personal injury case involving a large high school where her teen-aged client had been viciously brutalized.... |
|
| Read the Entire Article |
|
| j. Michael Feeks |
| Learning From Bank Turnarounds |
| Banking | 7/26/2006 |
|
| How do some community banks manage to go from near-failure to above-average ROAs and ROEs in a matter of a several years? How do mediocre performers achieve top-tier financial performance in similar timeframes? Generally speaking, there are at least 10 success factors underlying most turnarounds of operations and earnings.... |
|
| Read the Entire Article |
|
| Leena M. Sumitra, MD; Shannon C. Miller, MD |
| Pathologic Gambling Disorder |
| Psychology | 7/8/2006 |
|
| As gambling-related disorders proliferate in the United States, more people could benefit from effective treatments. Unfortunately, shame often keeps persons with gambling problems from seeking help.... |
|
| Read the Entire Article |
|
| Michael Levine |
| Blind Mules—Fiction or Fact? |
| Expert Witnessing | 7/8/2006 |
|
| On January 12, 2000, Gloria Cespedes-Cano and her teenaged daughter Sandra1 stepped through the doors of the LACSA (Costa Rican national airline) baggage department at John F. Kennedy International Airport and into a nightmare.... |
|
| Read the Entire Article |
|
| Lic. Gonzalo Viquez Carazo Jr |
| Real Estate In Costa Rica |
| Real Estate | 6/8/2006 |
|
| Why should you invest in Costa Rica by purchasing a piece of property or develop your own real state project? The answer to this question my vary in accordance to each specific case, nevertheless many if not all aspects that motivates your decision are basic; Costa Rica is a small country full of wonders around each corner.... |
|
| Read the Entire Article |
|
| Kenneth Solomon, PhD, PE, et al. |
| Types of Knee Injuries & How They Occur |
| Injury | 5/22/2006 |
|
| The purpose of this article is to distinguish the mechanism of knee injury (e.g., forward fall while foot is trapped, impact of knee on dashboard, chronic injury due to repetitive twisting, etc.) from the type of injury (e.g., torn meniscus, ruptured ACL, bursitis, etc.... |
|
| Read the Entire Article |
|
| J. Nigel Ellis, Ph.D., CSP, PE, CPE |
| Assessing Your Fall Protection Program |
| Accident Prevention & Safety | 5/22/2006 |
|
| The general industry, construction and maritime standards each have their own requirement for fall protection. A written fall protection plan, a method for updating the written plan and a property means of assessment should all be included in your company's fall protection plan. The following checklist provides guidelines for proper assessment of your fall protection plan..... |
|
| Read the Entire Article |
|
| Dr. Carol Fleming |
| Credibility - Technical, Tactical Talking |
| Public Speaking | 5/22/2006 |
|
| When it comes to communicating under pressure, the Forensic expert witness is truly ‘on the hot seat’. By definition, the expert witness must hold their own against critical/hostile questioning by the opposing counsel. While some speakers dread the possibility of a hostile question, the expert witness must assume it as a matter of course.... |
|
| Read the Entire Article |
|
| Scott McGarvey, Ground Floor Partners |
| Twenty Questions to Ask Your Customers |
| Market Research | 4/25/2006 |
|
| Your customers can help you unlock the true potential of your business. Knowledge is power, and talking to your customers can help you gain essential knowledge about your markets and competition, maintain and defend your positioning within your industry, and spot new opportunities for growth.... |
|
| Read the Entire Article |
|
| Dr. Thomas L. Read |
| Wine Bottle Failure Analysis |
| Failure Analysis | 1/28/2006 |
|
| Note: Glass Fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin.... |
|
| Read the Entire Article |
|
| John F. Pack |
| Mastering the Health Insurance Maze! |
| Healthcare | 1/28/2006 |
|
| Researching and purchasing individual and family health insurance can be a confusing and time-consuming project. This ebook provides several questions to ask yourself and issues to consider prior to beginning your health insurance research.... |
|
| Read the Entire Article |
|
| Dr. Joseph Guth |
| Mold Exposures Need Better Medical Responses |
| Bacteria/ Fungus/ Mold Investigation | 12/15/2005 |
|
| Water and molds have been here much longer than Man. We utilize some, coexist with others, and battle many more of them. Molds help us make cheese, produce penicillin and other useful medicines; but they can also harm us. It is the latter problem that requires a better response from the medical community.... |
|
| Read the Entire Article |
|
| Barry Strock, et al. |
| Embezzlement: Are you at risk? |
| Criminology | 12/15/2005 |
|
| There is an unusual rash of embezzlement scandals. Newspapers report that governments and organizations small and large are at considerable risk to white collar crimes. Even regional educational organizations are vulnerable as evidenced by one NY BOCES in which $3 million dollars was supposedly taken to illegally enrich an individual’s pockets.... |
|
| Read the Entire Article |
|
| Akos Swierkiewicz, CPCU |
| The World Trade Center Property Insurance Trial: Lessons Learned? |
| Coverage Analysis | 12/15/2005 |
|
| Had the tragic events on 9/11/01 not occurred, we would have never learned about negligence, mistakes, errors and omissions, inconsistencies, and confusion that plagued the placement and negotiation of the property insurance program for the WTC and brought to light during the WTC trial.... |
|
| Read the Entire Article |
|
| Dr. Steven Richeimer |
| Acute and Post Operative Pain Management For Children |
| Pain Management | 12/5/2005 |
|
| Traditionally, pain in children is a topic that has received only minimal attention.
Much of our understanding of pain in children has been extrapolated from adult studies.
As recently as 20 years ago clinicians felt that it was unnecessary to prevent or treat pain in children because the prevailing opinion was that.... |
|
| Read the Entire Article |
|
| David Nolte |
| Improving Cross Examination Of Expert Witnesses |
| Expert Witnessing | 10/28/2005 |
|
| In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences.... |
|
| Read the Entire Article |
|
| Angi Ma Wong - The FenSShui Lady |
| The Feng Shui Of Los Angeles |
| Feng Shui/ Zen | 12/2/2005 |
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| You might say that I have an affinity to the City of Angels. You see, I was named after the town by the banks of the puny river grandly named Nuestra Senora de Los Angeles de Porciuncula.... |
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| Read the Entire Article |
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| Angi Ma Wong |
| Prediction For The Year Of The Wood Rooster 4703 |
| Feng Shui/ Zen | 12/2/2005 |
|
| After the unpredictable Year of the Monkey with its horrendous surprise ending with the Asian earthquake and tsunami, most of us are ready for the new year of the Rooster which begins on February 9, 2005. The element of wood remains above that of metal during this year, portending a continuation of disharmonious relations on the international front but with hope.... |
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| Read the Entire Article |
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| John H. Marino |
| Benchmarking Lubrication Programs |
| Machinery | 12/2/2005 |
|
| Lubrication Institute provides many different types of courses for personnel, the following is a general outline of what we would present in our introductory benchmarking course.... |
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| Read the Entire Article |
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| Dr. Irving Ojalvo |
| Optimizing Your Use Of Motor Vehicle Experts |
| Expert Witnessing | 11/30/2005 |
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| Participation of the proper automotive expert in a personal injury lawsuit can govern its success. This article develops four basic principles to optimize their use, while minimizing their cost, and describes some important techniques used by the accident reconstructionist.... |
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| Read the Entire Article |
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| M.H. "Mac" McIntosh |
| Is Your Website Helping Prospects Move Forward? |
| Marketing | 11/30/2005 |
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| Your website is often the first place somebody looks to learn more about your company and its products or services. Is your site helping prospects move forward in their consideration and buying process? Here’s a checklist of questions to ask yourself.... |
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| Read the Entire Article |
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| M.H. "Mac" McIntosh |
| Sales Lead Success Checklist |
| Marketing | 11/30/2005 |
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| You’ve spent a great deal of time, effort and money putting together your sales-lead generation programs. How you handle those sales leads once you get them makes the difference between happy salespeople and new customers or unhappy salespeople and lost sales.... |
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| Read the Entire Article |
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| Gerry Katz, MSPA, RHU, ALHC, DABFE |
| Disability Insurance Claims – An Inside View |
| Disability | 10/24/2005 |
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| Those of you marketing disability insurance today will no doubt agree that our choices in competitive contracts have significantly changed and diminished in number during the past 5-8 years.... |
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| Read the Entire Article |
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| Lisa Ann Schreier |
| What Do You Think When You Hear The Word "Timeshare"? |
| Real Estate | 10/24/2005 |
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| If someone offered you a choice between owning and renting, the majority of you would choose own, isn't that correct? Now, if someone offered you a choice between your vacation dollars becoming an asset or a liability, most of you would choose the asset, am I right.... |
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| Read the Entire Article |
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| Ira S. Somerson, BCFE, CPP |
| Mitigation of Civil Liability/Injury - Event Management |
| Premises Liability | 9/5/2005 |
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| In discussing the mitigation of civil liability with event management, a phrase from the web-site of Diversified Management Services, "Strategic Planning Services" states, "If you don't know where you're going, any road will take you there.... |
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| Read the Entire Article |
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| Jacqueline A. Joseph, CDE |
| How to Depose the Denial of a Suspicious Signature: A Checklist for Taking the Deposition |
| Documentation Examination & Analysis | 9/1/2005 |
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| That’s not my signature", claims the deponent in a case involving a disputed signature. "I always use my middle initial," "I don’t write that way," "It doesn’t even look like my signature," "Somebody traced it.... |
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| Read the Entire Article |
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| Jay Abrams, ASA, CPA, MBA |
| Problems in the QMDM and Comparison to Economic Components Model... |
| Appraisal & Valuation | 7/23/2005 |
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| It seems to me that healthy dialogue among practitioners is a useful tool in facilitating our growth as a profession. It is in that spirit that I wish to respond to my colleague, Chris Mercer’s recent article,[Citation Omitted] wherein he asserts that my misunderstanding of his Quantitative Marketability Discount Model (QMDM) explains the disparity in my results and his in calculating the discount for lack of marketability (DLOM). Accordingly, in this article I will.... |
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| Read the Entire Article |
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| Rudy R. Robinson, III, et al. |
| Watersbend: Appraising A Brownfield Redevelopment Project |
| Appraisal & Valuation | 7/23/2005 |
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| This paper examines issues affecting the appraisal of a brownfield apartment property in Austin, Texas. These issues include the contamination that forced the property’s evacuation, its eventual remediation, the creation of the legal framework permitting its reoccupation, market acceptance of its safety, and ongoing stigma risks.... |
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| Read the Entire Article |
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| Thomas H. Milby, M.D. |
| Hydrogen Sulfide and Sulfur Dioxide: Basic Toxicology and Primary Litigation Issues |
| Toxicology | 5/27/2005 |
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| Hydrogen sulfide and sulfur dioxide are two sulfur-based gases that exhibit entirely different toxicological characteristics. Litigation issues involving these two gases are as different as are their disparate toxic effects in humans.... |
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| Read the Entire Article |
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| William R. Acorn |
| Things You Can Do To Avoid Conflict In The Design And Construction Of Building Projects |
| Construction | 4/11/2005 |
|
| Introduction: In our first Volume of the Forensic Exchanger, we discussed some of the all too many reasons why HVAC systems fail. If you missed that edition and are interested in that topic e-mail us and we will gladly send it to you. We will follow up with more discussion of that important topic in later editions.... |
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| Read the Entire Article |
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| Elliott B. Oppenheim, MD/JD/LLM Health Law |
| The Objective Analysis Of The Medical Negligence Case |
| Professional Malpractice | 3/22/2005 |
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| An upset client sits in your office and describes the circumstances of medical care which have resulted in severe injury to a loved family member. The client wants to know whether the family should pursue the matter. Whether you should undertake this representation is a complex analysis, but if you read further, I'll tell you how I analyze cases.... |
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| Read the Entire Article |
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| Leonard Perlmutter |
| Yoga's Secret Teaching |
| Yoga | 2/18/2005 |
|
| Imagine all the apples that fell to Earth before Isaac Newton realized that every object in the universe attracts every other object. Of course, the Law of Gravity has always been in force, but it wasn't until Newton focused the creativity of his one-pointed attention on a falling apple that he (and all humanity) received the blessing of finally recognizing a perfectly obvious truth.... |
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| Read the Entire Article |
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| Herbert B. Siegel, Ph.D. |
| Aristocracizing America |
| Finance | 2/18/2005 |
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| Beginning with The Bank Holding Act of 1956 that exempted Industrial Loan Companies from federal banking regulations except for keeping them eligible for government- sponsored FDIC insurance, these secondary lenders were a valuable source of high interest loans to a public segment otherwise unbankable. A financial stranglehold has proliferated on all citizens, however, because of misusing an otherwise well conceived statute.... |
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| Read the Entire Article |
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| Rev. David O'Leary, S.T.L., D.Phil. |
| When Adults Become Abusers of Young People |
| Sexual Abuse/ Molestation/ Harassment | 2/18/2005 |
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| The statements are always the same: "We did not see any warning signs." Accounts of child sexual abuse shock our senses. But there are some warning signs people should be aware of. Although they should not lead to witch hunts against innocent people, they should raise people's level of alertness.... |
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| Read the Entire Article |
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| James S. Cohen, P.E. |
| Performance Of Concrete Decks: A Case study... |
| Construction | 1/24/2005 |
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| The concrete wearing surface to a parking deck forming the roof of the outpatient and emergency surgery areas at a major community hospital deteriorated within seven years after construction rendering it unserviceable.... |
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| Read the Entire Article |
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| Dennis P. Farley and Jack Mattera |
| Law Technology News: Investigating I. P. Theft |
| Forgery & Fraud | 12/30/2004 |
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| While most legal professionals think of external hackers when they hear about information theft, that's often not the case. The more common culprit: someone with legitimate access to the information - i.e., insiders.... |
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| Read the Entire Article |
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| Andrea Joyce Wagner & Coletta L. Dorado |
| If You Are Searching For Answers |
| Finance | 12/30/2004 |
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| AS AN INVESTOR, you too may have experienced that uncomfortable feeling of not knowing how to read your monthly statement showing activity and positions or other documents sent to you by your brokerage firm.... |
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| Read the Entire Article |
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| SETEC Investigations |
| The Evolving Legal Landscape of Electronic Discovery |
| Computer Forensics | 11/12/2004 |
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| It is estimated that over 90% of all documents are now created electronically, although most of them are never printed; therefore, legal professionals are being challenged by a drastic increase in electronic evidence.... |
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| Read the Entire Article |
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| Martin Bell, M.D., J.D. |
| A Patient's Bill Of Rights |
| Medical | 12/12/2004 |
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| The tragic events of 9/11 have diverted attention from the public debate in Washington about a national patients' bill of rights. The idea behind such legislation is that patients should have the right to sue their HMO or managed care insurer for money damages if their coverage is wrongfully denied, treatment is delayed or withheld, and their health is seriously damaged as a result.... |
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| Read the Entire Article |
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| Dr. Richard Parent |
| Creosote Sites |
| Hazardous Materials | 12/21/2004 |
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| Most creosote mixtures that are used today are byproducts of the petroleum industry or coal gasification processes. They are mixtures of several hundreds of chemicals mostly polynuclear aromatic hydrocarbons (PAHs) but contain a host of other chemicals including complex heterocyclic compounds.... |
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| Read the Entire Article |
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| Dr. Eleanor S. Field |
| Hypnosis...Is It Magic? |
| Psychology | 12/2/2004 |
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| Not really, but a lot of my patients tell me it is. It becomes a magic wand for paralyzed patients when they can walk again, for patients suffering with chronic pain when they find they are no longer in pain, for heavy smokers when they free themselves forever and can breathe again, for patients with stress, anxiety or depression when they regain their self confidence and get back control of their lives.... |
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| Read the Entire Article |
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| SETEC Investigations |
| How to Successfully Obtain Computer-Based Discovery in 10 Steps |
| Computer Forensics | 11/16/2005 |
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| Identifying pertinent evidence on computer systems is essential to the discovery process in today's world, as it is believed that over 70% of information stored in computer systems is never reproduced in hard copy form.... |
|
| Read the Entire Article |
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| Paul Taylor |
| Proactive Forensics in the Workplace |
| Computer Forensics | 11/16/2004 |
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| The benefits of computer forensics have been seen over and over again in the criminal and civil courts throughout the world in the past two decades. If there is ever a case involving accounting or communication between key witnesses then computer forensics will be involved in some form.... |
|
| Read the Entire Article |
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| Johnette Hassell, Ph.D., & Susan Steen |
| Avoiding Spoliation of Electronic Discovery |
| Computer Forensics | 11/3/2004 |
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| Discovery. Law schools teach the importance of, and methods for, effective discovery. However, in today's world, discovery regularly involves electronic information, a specialized field not generally addressed in law school.... |
|
| Read the Entire Article |
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| Ned Einstein |
| Defensive Non-Driving |
| Automotive/ Vehicular | 11/3/2004 |
|
| Since driving a 20- or 25-ton motorcoach is touted as so being difficult, it is only fair to ask why so much carnage, and so many law suits, occur apart from collisions. In particular, the number of incidents occurring at or near stops seems largely disproportionate to the perceived simplicity of handling things when the bus or coach is stationary.... |
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| Read the Entire Article |
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| Dr. Sat Sharma and Nicholas Anthonisen |
| Antibiotics |
| Medicine | 11/3/2004 |
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| After 60 years of availability of antibiotics, surprisingly little is known about their role in obstructive airway diseases. Areview of antibiotic therapy will necessarily involve a discussion of the role of bacterial infection in asthma and chronic obstructive pulmonary disease.... |
|
| Read the Entire Article |
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| Phillip Feldman, Esq. |
| The Law Protects From Professionals Who Mislead The Public |
| Professional Malpractice | 10/29/2004 |
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| Attorneys, accountants, dentists and physicians, like others who sell services to the public often seem to have an inflated opinion of themselves and their services. Sales "puffery" or "puffing" has been part of the market place since the beginning of time and is not outlawed.... |
|
| Read the Entire Article |
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| Phillip Feldman, Esq. |
| Specialization - An Introductory Primer |
| Professional Skills | 10/29/2004 |
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| Lawyers, like all other professionals, start out as generalists. The oath they take is usually quite general. In California, for example, it is to support the state and US Constitution and "faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability.... |
|
| Read the Entire Article |
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| Don E. Smith |
| Distributor & Dealer Litigation: How To Win Cases Through Evaluation of Their Performance |
| Professional Skills | 10/29/2004 |
|
| Scenario: You would like to terminate Midwest Distribution. Ever since the son of the founder became President, Midwest has shifted its emphasis from your Standard and Premium lines (require training and selling time) to your Economy line.... |
|
| Read the Entire Article |
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| Gerald C. Meyers |
| Dealers, Healers, Brutes And Saviors: Eight Winning Styles For Solving Giant Business Problems |
| Crisis Management | 10/15/2004 |
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| Strong, well-organized labor can quickly cripple a miscalculating company.Any company bent on progress with a minimum of labor interference must keep its workforce watered and well-fed, and keep labor relations in apple-pie order.... |
|
| Read the Entire Article |
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| John H. Marino |
| The Value of Lubricants and Lubrication Knowledge and Skills |
| Machinery | 9/21/2004 |
|
| For me it is fascinating that in this highly competitive global marketplace, so many American companies lack the lubricants and lubrication knowledge or skills needed to protect, let alone achieve, the greatest return on their production machinery.... |
|
| Read the Entire Article |
|
| Kimball J. Beasley |
| Contemporary Skin Barrier Wall Design And Water Leakage |
| Failure Analysis | 9/21/2004 |
|
| For hundreds of years, building walls were constructed of stone or brick and were sometimes several feet thick. Such massive walls served well not only to sup port the floors and roof but also to keep out the weather.... |
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| Read the Entire Article |
|
| Lawrence J. Kamm, P.E. |
| Industrial Accidents and Product Liability |
| Product Liability | 8/14/2004 |
|
| Factory machines require people at approximately three levels: machine operators, machine maintenance technicians, and machine designers. Each is involved with safety in a different way.... |
|
| Read the Entire Article |
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| Akos Swierkiewicz, CPCU |
| All Should Use Greater Care Handling Underwriting Information |
| Underwriting | 8/19/2004 |
|
| One of the tenets of insurance law is that parties to an insurance policy are expected to deal with each other in utmost good faith. Applicants for insurance or their brokers must disclose all relevant underwriting information fully and accurately to prospective insurers.... |
|
| Read the Entire Article |
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| Robert P. Green, CPA/CITP and Scott Cooper, CMC |
| Computer Sleuth: Beating Down The Evidence Trail With Computer Forensics |
| Computer Forensics | 8/14/2004 |
|
| Think Sherlock Holmes sans the goofy hat and magnifying glass. Today ’s digital sleuths enlist the tactics that once were only the purview of FBI and police investigators.
The tools of computer forensics play a vital role in resolving matters in the corporate world and litigation process by enhancing the evidence pool, establishing truths otherwise left undiscovered and, consequently, contributing to more efficient and rapid resolution, judgments or settlements.... |
|
| Read the Entire Article |
|
| Stephen Doherty |
| Handguns In The Workplace - Do You Feel Safer? |
| Workplace Violence | 8/3/2004 |
|
| The average American workplace, if you work 40 hours a week and have two weeks vacation, requires 2,000 hours annually.That's almost 23% of your life each year. Do you know if any or how many handguns are in your workplace.... |
|
| Read the Entire Article |
|
| John Cosgrove, P.E. |
| Software Engineering And The Law |
| Laws & Procedures | 8/1/2004 |
|
| For good or otherwise, the legal system has discovered the world of computers and its practitioners. Anyone opening a daily newspaper knows that litigation involving computers and software has exploded in recent years.... |
|
| Read the Entire Article |
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| Dr. Stephen Castell |
| Recognizing Early The Signature Of Dispro - The IT Disaster Project |
| Computers | 8/4/2004 |
|
| I spent much of a whole year recently investigating why a major IT outsourcing deal broke down, and had given rise to the largest software contract dispute yet seen in the English High Court.... |
|
| Read the Entire Article |
|
| Dr. Stephen Castell |
| Drilling-Down To The Truth From Computer Evidence |
| Computer Forensics | 8/4/2004 |
|
| Disputes over failed software construction projects raise interlinked technical and legal issues which are complex, costly, and time-consuming to unravel – whatever the financial size of the claims and counterclaims, the facts and circumstances of the contract between the parties, or the conduct of the software development.... |
|
| Read the Entire Article |
|
| Hardy Management Consulting (HMC) |
| Understanding Holistic Manufacturing |
| Manufacturing | 7/31/2004 |
|
| Holistic Manufacturing™ is a revolutionary approach that focuses on the 'entire' manufacturing process, bringing together both technology and human systems in order to identify and reduce production variability. The result for manufacturing companies.... |
|
| Read the Entire Article |
|
| Dr. Steven Richeimer |
| Cancer Pain |
| Pain Management | 7/31/2004 |
|
| I think every doctor has several patients that are etched into his memory. One such patient was Dr. G. He was a doctor, the same age that I was, and he had cancer. Cancer pain is different from other pains.... |
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| Read the Entire Article |
|
| David Nolte, Fulcrum Financial, LLP |
| The Ten Commandments Of Demonstrative Evidence In Litigation |
| Legal Issues | 7/20/2004 |
|
| If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.
1. Keep it simple
This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines.... |
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| Read the Entire Article |
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| Steve McKee |
| From Where Do New Niches Come? |
| Marketing | 5/14/2004 |
|
| Few companies relish the idea of competing in an old, staid industry, spending millions of marketing dollars to gain a few share points. Yet even fewer companies find a way to reinvent themselves, developing new lines of business that are exciting and profitable.... |
|
| Read the Entire Article |
|
| Thomas H. Milby, MD |
| Reactive Airways Dysfunction Syndrome (RADS) & Irritant Induced Asthma |
| Other Articles | 5/12/2004 |
|
| Reactive Airways Dysfunction Syndrome (RADS) and Irritant-Induced Asthma (IIA) are both new-onset, irritant-induced, non-allergic asthma. These two pulmonary disorders are clinically very similar; both are caused by the inhalation of irritating substances such as smoke, dust, fumes, gases, and vapors.... |
|
| Read the Entire Article |
|
| Peter H. Burgher |
| Timing is Important In Selecting An Expert Witness |
| Expert Witnessing | 4/25/2004 |
|
| A prominant southeastern Michigan law firm specializing in certain types of litigation recently asked me if I was able to serve as an expert regarding measurement of damages in an employee discharge case.... |
|
| Read the Entire Article |
|
| Paul B. Hofmann, Dr. P.H. |
| Management Mistakes in Healthcare: A Disturbing Silence |
| Professional Malpractice | 3/30/2004 |
|
| The belated but formal acknowledgement of medical errors and their impact has been well documented.1 Curiously, the topic of management or executive mistakes in healthcare is not raised in professional meetings nor, until recently, addressed by an article in health administration journals.... |
|
| Read the Entire Article |
|
| Dr. Nachman Brautbar |
| Toxic Molds - The Killer Within Us: Indoor Toxic Molds and their Symptoms |
| Bacteria/ Fungus/ Mold Investigation | 12/23/2003 |
|
| In the outdoor environment molds are ubiquitous. Moist conditions involving drywall, wood, carpeting, or paper material are the proliferation medium in the indoor environment for toxic molds. Since Americans spend 75 to 90% of their time indoors, the risk of exposure to toxic molds that may grow indoors is increased (R- 1).... |
|
| Read the Entire Article |
|
| Jacqueline Joseph, BA, CDE |
| The Unidentifiable Handwriting: An Anonymous Note |
| Documentation Examination & Analysis | 12/23/2003 |
|
| In an anonymous note case, the first step in the investigation was an examination of the cash register receipt upon which the message was written. The fact that the note was written on paper not manufactured for writing created significant features which prevented identification.... |
|
| Read the Entire Article |
|
| Dr. Carl J. Abraham |
| A New Standard of Care in Absorbing and Dissipating Forces |
| Recreation & Sports | 11/26/2003 |
|
| Over the course of several decades sports protection technology has been developed and optimized so that the users of various sports products have been offered a means to protect themselves from serious and permanent injuries. However, due to size, weight and shape of helmets and protective gear, the protection, at best, is limited.... |
|
| Read the Entire Article |
|
| Dr. Marc D. Feldman |
| Conscience, Ethics, And The Law In Munchausen Syndrome, Malingering, And Other Forms Of Medical Deception |
| Professional Malpractice | 11/26/2003 |
|
| Challenging legal and ethical questions swirl around factitious disorder, Munchausen syndrome, and/or malingering, muddying the already darkened waters through which health care professionals must tread. As cases in this book have illustrated, bold moves that in some instances were ethically and legally questionable have been taken by medical personnel.... |
|
| Read the Entire Article |
|
| John H. Marino |
| What is most misunderstood and costly to your operation? Lubricants and Lubrication! |
| Machinery | 10/15/2003 |
|
| Do you know that your equipment produces a profit on a thin film called lubricant? The most important but yet the most mismanaged in 99% of all companies is lubricants and/or lubrication. That’s why, it has been reported, that 60% to 70% of all mechanical failures are due to inadequate lubricants and lubrication practices.... |
|
| Read the Entire Article |
|
| Fulcrum Financial Inquiry, LLP |
| Computer Forensics Deserve a Place In Your Human Resource Toolkit |
| Computer Forensics | 5/29/2003 |
|
| Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues.... |
|
| Read the Entire Article |
|
| Harold Bursztajn, M.D. and Thomas G. Gutheil, M.D. |
| Avoiding Ipse Dixit Mislabeling: Post-Daubert Approaches To Expert Clinical Opinions |
| Expert Witnessing | 5/29/2003 |
|
| Recent Supreme Court decisions emphasize the need to regulate the admissibility of expert testimony by means of standards that require opinions going beyond ipse dixit; that is, that are based on more than the fact that the expert "said it him/herself.... |
|
| Read the Entire Article |
|
| Lawson F. Bernstein, M.D |
| Quantifying The Cognitive Aspects Of Mental Illness In The Forensic Patient |
| Psychiatry | 10/2/2003 |
|
| This section will discuss those neurophysiological (e.g.-physical tests) and neuropsychological measurements that are often used by mental health professionals to assess and measure an individual's overall cognitive function, particularly in the realm of the capacity to form specific criminal intent.... |
|
| Read the Entire Article |
|
| Christopher B. Dorian, Esq. |
| Revised UCC Article 9 Changes - Commercial Sale Notice Procedures |
| Laws & Procedures | 12/13/2001 |
|
| Newly-enacted California Commercial Code section 9610 (former Section 9504(1), (3)), 9611 (former Section 9504(3)), 9612 (new), and 9613 (new) have replaced the former requirements for noticing a disposition of non-consumer personal property collateral by sale, previously found at Section 9504. The new statute somewhat simplifies the procedure, releasing the party noticing the sale from a number of obligations, but adds a few minor requirements as well.... |
|
| Read the Entire Article |
|
| Dr. Pat Gill Weber |
| The Secrets of Those Who Love Their Work: How people are thriving and finding the right work despite the challenges of the new workplace |
| Professional Skills | 3/26/2001 |
|
| Today's workplace is a challenging one. At a party the other night I was talking with a new friend who was communicating her subtle unhappiness with the large corporation she worked for. During a meeting, one of my clients began discussing the insecurity she and others in her company feel due to organizational changes and the transitional nature of her industry.... |
|
| Read the Entire Article |
|
| Chuck Woolweaver |
| International Franchising Checklist: Short and Long-Term Considerations |
| Franchising | 3/26/2001 |
|
| If the growth of U.S. franchising continues at its current rate, domestic sales alone could top the $1 trillion mark by the year 2000, says the International Franchise Association, the world's oldest and largest organization representing the sector. Franchisors are also finding fertile ground for their operations beyond U.S. borders, reports a study by the IFA Educational Foundation.... |
|
| Read the Entire Article |
|
| Dr. Olen Brown |
| The Art Of Expert Witnessing |
| Expert Witnessing | 2/17/2002 |
|
| Attorneys use experts in two ways. First is the traditional use of an expert as a witness in court. In this role, scientists, business people, or others with technical knowledge are retained by attorneys primarily for their opinions (oral, written, or both), ultimately to be given at deposition and in civil and criminal courts. Second, the expert may be used as a pre-trial consultant or more specifically as an undisclosed consultant.... |
|
| Read the Entire Article |
|
| Arthur L. Fries, RHU |
| Abandonment: One of Many Claim Management Strategies in the Disability Claims Arena |
| Coverage Analysis | 10/15/2000 |
|
| Picture this scenario: in the past, you were a successful dentist, surgeon, or chiropractor. Your hands were your livelihood. You worked in an area that involved a fine degree of tolerance, an area in which a mistake could be detrimental to the well being of your patients.... |
|
| Read the Entire Article |
|
| Angi Ma Wong |
| Feng Shui: An Ancient Tradition Goes Mainstream |
| Feng Shui/ Zen | 5/19/2001 |
|
| Unless you have been living in a cave in the past year, the subject of feng shui, literally, "wind-water" in Chinese, the ancient environmental system of placement, has been inescapable! In electronic and print media, from coast to coast, continent to continent, and everywhere in between, there's no doubt that nationwide and globally, people are becoming more aware, acquainted, enamored, and yes, confused, about feng shui.... |
|
| Read the Entire Article |
|
| Peter G. Power |
| Crisis Management Teams: Who Needs Them? |
| Crisis Management | 6/21/2001 |
|
| Experience has shown that when suddenly faced with a catastrophe, crisis managers have a tendency, from the outset, to try and follow familiar or routine systems. The more disturbing the situation the stronger the urge to take refuge in familiar procedures.... |
|
| Read the Entire Article |
|
| Mary Duane Arden |
| Art Of Communication: Perception, Image And Body Language, And First Impression |
| Professional Skills | 7/1/2001 |
|
| Perception: Dictionary definition: An immediate or intuitive recognition....As of a moral or esthetic quality, cognition. How do we perceive?
Well this has been the subject of a dialogue between philosophers and intellectuals from all the different disciplines for thousands of years.... |
|
| Read the Entire Article |
|
| Don E. Smith |
| Using Marketing, Business & Competitive Research to Win Cases |
| Market Research | 3/2/2002 |
|
| Marketing research is a powerful tool that helps lawyers win cases.
Examples:
Established that a distributor did not implement "effective marketing & sales programs" as required by the contract. The unlawful termination suit was dismissed.... |
|
| Read the Entire Article |
|
| William B. Hager |
| Expert Witnesses: What Every Trial Lawyer Should Know |
| Expert Witnessing | 4/30/2002 |
|
| The use of an Expert Witness can be crucial to the success of your case, and just as there is no "perfect" case, there is no "perfect" Expert Witness. Here are five easy guidelines to maximize the success of your Expert Witness selection process.... |
|
| Read the Entire Article |
|
| Richard G. Ligus, CMC |
| Implementing Radical Change: The Right Stuff |
| Business Management | 7/4/2002 |
|
| Over the years U.S. manufacturing companies lost substantial market share in many industries. Stiff foreign and domestic competition drove executives to seek solutions. MRP had its heyday, then JIT, CIM, TQM, and time-based competition.... |
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| Dr. Alan Steinman |
| Immersion Into Cold Water |
| Aquatics Safety | 7/4/2002 |
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| Immersion in cold water is a hazard for anyone who participates in recreational, commercial or military activities in the oceans, lakes, and streams of all but the tropical regions of the world. Recreational aquatic activities include swimming, fishing, sailing, power-boating, ocean kayaking, white-water rafting, canoeing, ocean-surfing, wind-surfing, water-skiing, diving, hunting and the use of personal water craft.... |
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| Michael Levine |
| Law Enforcement Experts - The Underused Defense Weapon |
| Police Practices & Procedures | 8/25/2002 |
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| During my 25-year career in Law Enforcement, working for four Federal law enforcement agencies - IRS Intelligence, BATF, Customs and DEA - I never lost a prosecution case. Here's the "secret" to my success.... |
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| Angi Ma Wong |
| September 11: A Feng Shui Perspective |
| Feng Shui/ Zen | 9/1/2002 |
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| What can help us to comprehend disaster and loss of such magnitude?
We can try to put it in terms of astrology, currently circulating:
Numerology on the World Trade Center.... |
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| Gustav A. Nystrom, Ph.D., P.E. |
| Stiffness Parameters For Vehicle Collision Analysis |
| Automotive/ Vehicular | 12/21/2002 |
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| An insurer may rescind its policy in the event of material misrepresentation or concealment of a fact by the insured. Misrepresentation is false statement of a fact by the insured.... |
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| Akos Swierkiewicz, CPCU |
| To Rescind Or Not To Rescind? |
| Coverage Analysis | 12/21/2002 |
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| An insurer may rescind its policy in the event of material misrepresentation or concealment of a fact by the insured. Misrepresentation is false statement of a fact by the insured.... |
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| Dr. James Houston |
| Mission Statements and Policies And Procedures: Case Study |
| Security | 5/1/2003 |
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| A disturbance in May, 1991 (Raab, 1991) at a new high security institution in upstate New York could have been averted if seven officers had not left their posts to have lunch or take unauthorized breaks.... |
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| Phillip Feldman, Esq. |
| Revisiting "Serving Two Masters" in California and Particularly the Tripartite Relationship Insurance Defense Counsel Share With the Insured Client and Their Principal Insurers |
| Professional Malpractice | 3/12/2002 |
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| Almost two years ago, we suggested depublication of an appellate decision which confused the attorney client relationship between insurance defense counsel and their client(s). "Conflicts-Representation adverse to a present client must be measured against the duty of undivided loyalty, which every attorney owes to each client.... |
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| Dottie Walters |
| Speak And Grow Rich |
| Public Speaking | 3/12/2002 |
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| Do you have an area of special expertise? How would you like to make big money talking about it?... Lots of money? Professional speakers can earn over $800,000 per year! In this exciting book which is considered the "Bible of the Professional Speaking Industry", world class speaker, Dottie Walters will give you money-making information on.... |
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| Dr. Dana Picore |
| Workplace Violence |
| Workplace Violence | 2/28/1998 |
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| WOW! Did you know that approximately 1 Million people a year are affected by violence in the workplace. 4 Billion dollars are lost due to this growing issue in the United States.... |
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| Read the Entire Article |
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| Maurice Robinson, ISHC, CRE, et al. |
| How to Value Commercial Improvements in a National Park |
| Appraisal & Valuation | 12/6/2002 |
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| Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks..... |
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| Dr. Perry Hookman |
| What Should Be The Standard Of Care For The Surveillance Of Cancer |
| Professional Malpractice | 3/12/2003 |
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| The authors reviewed pathology reports of 590 patients who underwent total proctocolectomy or restorative proctocolectomy for chronic ulcerative colitis at the Mount Sinai Medical Center between 1987 and 1999.... |
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| Ronald G. Bredemeyer |
| Developing An Effective Maintenance Program |
| Automotive/ Vehicular | 2/1/2003 |
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| Have you ever stopped to consider that maintenance is war? Your enemies are breakdown and deterioration; your soldiers are the maintenance supervisors and technicians; and the people you are protecting are the workers and customers of your organization.... |
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| Ronald J. Parrington, P.E. |
| Fractography Of Metals And Plastics |
| Metals & Plastics | 3/12/2003 |
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| Fractography is critical to failure analysis of metals and plastics. Fractography of plastics is a relatively new field with many similarities to metals. Utilizing case histories, various aspects of failure analysis and fractography are compared and contrasted.... |
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| Nicki Minlschmidt |
| Using A Legal Nurse Consultant |
| Nursing | 3/12/2003 |
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| Plenty! Like the experienced paralegals and legal secretaries successful attorneys rely on to allow them to focus their own efforts where the effect will be the greatest, Legal Nurse Consultants (LNCs) are another powerful weapon in the attorney's arsenal.... |
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| Sherry Maysonave |
| Power Up Your Image - Strike A Profile For Profit |
| Professional Skills | 11/15/2002 |
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| Are you earning the income that you desire to earn or believe that you are capable of earning? Do you want to win raises and promotions? If so, it is essential that you pay attention to your workplace image. In today's dressed-down business environment, millions are suffering from the Casual Confusion Syndrome.... |
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| Dr. Immanuel Freedman |
| Comparison Of Algorithms For The Efficient Approximation Of Heterogeneous Multidimensional Scientific Data |
| Computers | 11/15/2002 |
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| Many scientists would like to be able to view and analyze quick look astronomical data on hand held devices linked by wireless network to the Internet. Scientific data is often characterized by high dynamic range together with abrupt, localized or extended changes of spatial and temporal statistical properties. I compare the effectiveness of algorithms for the efficient approximation of scientific data that support low bit-rate, near real-time and low-delay communication of heterogeneous multidimensional scientific data over existing or planned wireless network.... |
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| J. McEwan |
| Eliminate Injury; Focus on Safety |
| Injury | 10/18/2001 |
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| Equine activity sponsors and professionals are not required to eliminate the risks inherent in horse sports, but they must use due care not to increase the risks to participants over and above those that naturally occur in equine.... |
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| Read the Entire Article |
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| Daniel B. Stephens, et al. |
| Allocating Responsibility For Groundwater Remediation Costs |
| Hydrology | 11/15/2002 |
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| One of the challenges facing environmental attorneys and their clients is the development of an equitable allocation of responsibility for cleanup costs associated with groundwater contamination from several potentially responsible parties. This article provides a survey of several scientific approaches for the allocation of such responsibility.... |
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