Contract Dispute Involving Environmental Remediation

Legal Issue This case involved environmental remedial construction work done at an oil refinery under the direction of the refinery’s technical staff under a design-build contract involving a ground water extraction system (GWES) without free-product recovery. The refinery’s technical staff oversaw all remedial investigation work and performed all negotiations without the involvement of the contractor. […]

School Liability Under Section 1983, Ch. 42, USC

Schools have a duty to protect students from harm, including the harm inflicted or created by its own staff. While acts by a staff member resulting in injury to a student generally fit into the category of negligence, a teacher or an administrator as a state actor can generate a state-created danger. The difference with […]

The Expert CV Checklist – Update

In my earlier article, “The Expert CV Checklist,” I recommended that you not list extensive information about your legal consulting. I would, however, recommend that in addition to using deliberately bland terms like “litigation support” or “legal consulting,” you use the term “expert witness” at least once in describing your current work. Even though I prefer […]

Daubert Rules: Qualifying an Expert Witness at Trial

An expert witness to a litigated case ordinarily used by an attorney serves two functions: As a consultant with respect to issues of a matter. As a witness providing testimony at a deposition and/or at trial. In order to serve as an expert in any capacity, the individual must demonstrate significant experience in a field […]

Bills of Lading

For hundreds of years, before modern means of communication, ship captains were sent overseas to trade with merchants in other countries. Initially a ship would show up at a particular harbor and the crew would announce that they were ready to receive cargo for another port. For example when the Dutch started trading with Indonesia […]

Discrediting Expert Psychiatric Evaluations in Child Custody Matters

When divorcing and children are involved, a court may order, or a party may request, a psychological evaluation of both parents. A psychological or parenting evaluation can be an extremely important consideration in a bitter custody battle. Choosing the right individual to perform the evaluation and then to testify is an incredibly important and challenging […]

Crime Scene Video-Exporting VS Screen Capture from CCTV Systems

There are more digital video file varieties in surveillance video than any other form of digital video. The reason for this is because each manufacturer programs their own proprietary digital video format in order to keep their CCTV video recordings secure. When a crime has been committed and caught on video, the video forensic expert […]

The Ten Commandments of Testifying at Trial

I From the moment you enter the parking lot, be polite to everyone you encounter. This means in the coffee shop, the rest rooms, and hallways, as well as the courtroom. II Address the attorneys by name, or as Sir or Ma’me, and the judge as Your Honor. III Remember that the reason that you are […]

Effective Trial Techniques For Cross-Examining Expert Witnesses

Effective trial techniques for cross examining the opposing expert begins with preparing for the expert’s deposition before trial, taking an effective deposition of the expert, and then utilizing the generated information from the deposition in a series of questions at trial to bolster all the favorable answers for one’s client and to the judge or […]

School and Summer Camp Liability

As we approach summer, many children look forward to graduation or summer camp, or are excited about building memories and finishing the school year with exciting field trips and proms. Few schools and camps, however, consider the liability that might stem from relaxed rules, “summer fever,” and hastily organized activities. Many children are injured at […]

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