ARTICLES

10/8/2018· Chemical Industry

How a Central Indian Town Changed the United States Code of Federal Regulations

By: Jennifer Morningstar

On December 3, 1984, at a pesticide ingredient manufacturing facility owned by Union Carbide, a leak occurred in the Methyl Isocyanate (MIC) plant. Due to the toxic nature of the gases released and the plant's proximity to local residences, the death toll was in the thousands; both plant workers and nearby residents. The first recorded public meeting in response to this incident was on December 9th, in Institute, WV, the site of Union Carbide's only US MIC production unit. Full disclosure: my father was a research & development chemist for Union Carbide and Institute is about 10 miles down the Kanawha River from my hometown of Charleston, WV.

6/24/2014· Expert Witnessing

How a Medical Device Expert Witness Can Assist In a Case

By: Karl R. Leinsing

Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.

7/31/2010· Product Liability

How Attorneys Should Choose Crate Experts

By: Sterling Anthony

An attorney involved with crate litigation might readily recognize the need for a packaging expert, yet, not be sufficiently aware of the specific knowledge and capabilities that best qualify that expert.

3/25/2015· Medical Malpractice

How Can Causation Be Established in a Labor and Delivery Malpractice Action?

By: Dr. James Wheeler

A malpractice action requires the plaintiff to prove: (1) the defendant caregiver owed a duty of care to the plaintiff-patient, (2) the caregiver departed from that standard of care, and (3) that departure from the standard of care actually caused the injury claimed by the plaintiff. "Causation" 11; often the critical component in a malpractice action because the presence of a duty is often obvious, except perhaps in "Good Samaritan" cases, but the statutorily-required expert witnesses will argue about whether the caregiver departed from some standard of care. Because defining "causation" is difficult, there are interesting distinctions in legal versus medical, sociological, or philosophical concepts of cause-and-effect. Applying this difficult concept of "causation" to the very complex world of labor and delivery (L&D) does indeed beg the question, just how can causation be established?

9/27/2011· Psychiatry

How Child Psychiatric Testimony Works

By: Dr. Gilbert Kliman

The legal system and juries customarily weigh evidence more regularly than the psychoanalytic profession.

1/3/2020· Nonprofit Organizations

How Do You Know Which is the BEST Charity to Donate to?

By: Jess Birken, Esq

Lately I've been noticing a lot of chatter on the internet about how you know which charities to donate to. There seems to be a general suspicion that nonprofits of all sizes who are seeking donations are swindling people out of their hard-earned money. Or at least that you can't trust these organizations and that it's easy to make the wrong decision.

11/3/2017· Expert Witnessing

How Independent Is Your Expert?

By: Michael J. Garibaldi CPA, ABV, CFF, CGMA

It may be detrimental to an expert witness's credibility if even the appearance of a lack of independence exists. In today's legal environment, discrediting an expert based on his or her relationship with counsel, the client or the judge is common. Let's examine how to identify an expert's independence.

10/15/2018· Finance

How Openness Personality Affects Financial Planning and Investment Decision Making

By: Marguerita Cheng

Financial planners begin their initial client meetings with a discussion of money goals, attitudes, and risk tolerance. Why? Well, it's because all investors are not created equally. Open individuals crave adrenaline-spiking adventures, always looking for thrilling activities. Most of the time, they are curious about information and knowledge about financial planning and investment decisions. These individuals enjoy researching and finding out about finance topics of interest.

4/25/2012· Business Management

How Sarbanes-Oxley Affects Your Disaster Recovery Planning

By: Leo A. Wrobel

Unless you're trying to land your CEO in jail, your disaster recovery plan had better be good. Leo Wrobel explains how the passage of the Sarbanes-Oxley Act of 2002 ultimately means that you really need a plan that protects your data.

3/16/2009· Product Liability

How to Design a Product Warning: Best Practices

By: Dr. Gerald Goldhaber

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