ARTICLES

9/24/2014· Elevators - Escalator - Automatic Doors

Door Injury Cases Pertaining to the Insurance Carrier

By: Michael Panish

One of the most common types of expert related calls that I receive pertains to some sort of door injury. Door injuries caused by automatic pedestrian doors, manual doors, or garage doors often lead to serious and potentially life threatening high dollar liability and personal injury lawsuits. My case load as a door expert witness is evenly split between plaintiff and defense. I have written articles, testified, and been consultant on many door injury cases throughout the country and abroad. In addition, my services have been utilized by defense teams representing cross defendants such as door maintenance companies also named in the chain of commerce.

8/31/2015· Construction

Cabinetry & Millwork: Defective Design or Defective Workmanship? Who is Responsible?

By: Michael Panish

My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.

3/20/2017· Damages

Using Internet Analytic Tools for Valuation and Damages Calculations in Internet IP Infringement and Defamation Cases

By: Doug Bania and Brian Buss

Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.

6/28/2018· Computers

Blockchain vs. Trust : Cryptic Expert Issues

By: Dr. Stephen Castell

The Reg A Conference is the largest gathering of deal-makers and investors interested in Regulation A, a prime opportunity for companies to network with like-minded business executives, as well as financial professionals who assist in bringing capital to companies (https://theregaconference.com/presenting-companies/). Many such companies are today basing their new business ventures and projects, and their search and submissions for funding, on blockchain technology applications. So-called cryptocurrencies such as bitcoin are just one example of the use of this functionality. The business implications of this secure online record-keeping tech are huge – and not only in cryptocurrency. This presentation provides a probing and extensive expert critique of blockchain, its cryptocurrency, distributed ledger and smart contract applications, and argues for a cautionary, savvy approach to implementing and investing in such business systems, on grounds of professional due diligence, rigorous corporate governance and wide experience of past leading-edge ICT systems failures.

7/28/2014· Product Liability

Should Food Carry Warning Labels?

By: Dr. Gerald M. Goldhaber

Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

12/19/2013· Aquatics Safety

Meeting the Standard of Care for Spinal Injuries

By: Gerald Dworkin

Properly recognizing and managing suspected spinal injuries caused by head-first entries into the water require high levels of training. Lifeguards and other water rescue personnel must be able to evaluate the signs and symptoms associated with spinal trauma and the manner in which an injury occurs. The rescuer should assume that a spinal injury exists if the forces causing the trauma were sufficient to damage the spine.

5/16/2017· Education & Schools

Supreme Court Opinion Regarding Autism Spectrum Disorder and Student Progress

By: Dr. Steven Imber

On March 22 the U.S. Supreme Court issued an 8-0 opinion in the case Endrew F. v. Douglas County School District, ruling in favor of the parents of a student with autism spectrum disorder who had charged that the district did not meet the requirements of the Individuals with Disabilities Education Act (IDEA. The parents argued that their child did not receive a free, appropriate public education (FAPE) that was mandated by Congress.

8/22/2012· Transportation

Negligent Retention and Driver Impunity

By: Ned Einstein

One would think in the Age of Irreversible and Growing Unemployment, employers could phase out their "dead wood" and find some personnel capable of performing their functions competently. Regrettably, bus agencies and companies are generally not among those which do.

3/26/2015· Life Expectancy - Life Care Planning

Life-Care Planners Can Offer Attorneys Unique Expertise

By: Ronald T. Smolarski

How funds are handled after the settlement of a case reflects the competency and knowledge of attorneys and recognizes their outstanding legal skills. This article focuses on the management of settlement proceeds and the maintenance aspect of the care of a client with a disability when that client's financial health is turned over to a trust attorney, relationship manager, financial planner, trust officer or estate planner.

5/2/2018· Logistics - Reverse Logistics

How to Ensure Your Reshoring Project Won't Fail

By: Rosemary Coates

Consider Otis Elevator. OE is one of many U.S. manufacturers, including GE, Whirlpool and NCR, which announced they were bringing factories back to the U.S. from China, Mexico and other countries and whose efforts did not go well.