Expert Witness Network Blog

Cosmetics Expert Witness – Safe Cosmetics Act Introduced in US House

Witness.net — Fri, 30 Jul 2010 01:39:12 +0000

The use of a cosmetics expert witness or fragrance expert witness may have just became more common in the future. Here is an excerpt from an article about the introduction of the Safe Cosmetics Act of 2010:

For the first time in 70 years, Congress is poised to close the holes in the federal law that allows chemicals linked to cancer, birth defects, learning disabilities and other illnesses to be used in the products we use on our bodies every day.

Last week, Reps. Jan Schakowsky (D-Ill.), Ed Markey (D-Mass.), and Tammy Baldwin (D-Wisc.), introduced the Safe Cosmetics Act of 2010, (HR 5786), which gives the Food and Drug Administration authority to ensure that personal care products are free of harmful ingredients. Existing law, passed in 1938, granted decision-making about ingredient safety to the cosmetics industry.

“Harmful chemicals have no place in the products we put on our bodies or on our children’s bodies,” said Rep. Schakowsky. “Our cosmetics laws are woefully out of date—manufacturers aren’t even required to disclose all their ingredients on labels, leaving Americans unknowingly exposed to harmful mystery ingredients. This bill will finally protect those consumers.”

Click here for the full article.

Please visit Witness.net to learn about Sue Phillips, a cosmetics and fragrance expert witness listed in our FREE expert witness directory.

Entertainment Expert Witness – Points to Consider When Evaluating a Case

Witness.net — Sun, 04 Jul 2010 01:40:00 +0000

Entertainment expert witness and article author Kathryn Arnold discusses the challenges an entertainment expert witness may face and when such an expert may be needed to support attornies. The following is an excerpt from her article "The Entertainment Industry - Points to Consider When Evaluating a Case":

Of the thousands of screenplays written every year, only 450 to 500 of these are "lucky" enough to be made into motion pictures. Of those produced, less than half are released in theatres and of those remaining, only a portion are released directly to DVD.

Those released directly to DVD and other media do not warrant the costs associated with a theatrical release and thus the producer/distributor mitigates the risk of negative cash flow. While major movie studios finance a number of these motion pictures, the range of stories they are interested in telling is limited, requiring producers to finance their movies outside the studio system and navigate the world of "independent film financing."

Whether a movie is produced by a major studio or independently, the expansion in world film revenues since 1970 has grown from $1.2 billion to over $15 billion annually.1 The MPAA further estimates that the entertainment industry generated $27.5 billion in California in 1996, compared with a U.S. Bureau of Economic Analysis estimate of $13.1 billion. The entertainment industry is big business. To put it in perspective, of the core industries that drive California’s economy by exporting goods outside the state, motion pictures are the tenth largest and the fourth most rapidly growing.2 It is a high-wage sector, with average salaries 70 percent higher than salaries in other businesses statewide. A similar study conducted by Monitor Company, found that the movie and television industries contributed over $16 billion to the State of California’s economy, directly employing 164,000 and indirectly employing another 184,000 people. This allure of riches entices many into the industry, but very few succeed.

Read the full article here: "The Entertainment Industry - Points to Consider When Evaluating a Case":

Please visit Witness.net to see additional entertainment expert witness resources available in our FREE expert witness directory.

Electromagnetic Field Expert Witness: Stuart Bagley discusses EMF effects on pacemakers

Witness.net — Fri, 25 Jun 2010 03:04:47 +0000

Why a blog about pacemakers, ICDs and electromagnetic fields?

Excerpt from the blog of Electromagenetic Field Testing Expert Witness, Stuart Bagley of EMF Testing Services.

Over 3 million people in the world have a pacemaker or ICD (Implantable Cardioverter Defibrillator) and another 600,000 are being implanted every year. Most people know someone who has a medical device implanted in his chest. Patients, families, physicians and employers all want the same thing – environments that are safe and healthy where people with implanted heart devices can lead active lives.

Medical devices like pacemakers and ICDs have improved longevity and quality of life for many. But returning to daily activities after implantation takes some getting used to – and some understanding of potential hazards. Motors, magnets, equipment and towers can create electromagnetic fields (EMF) that may result in electromagnetic interference (EMI). That EMI can cause device malfunctions.

Finding information about living with a pacemaker or an ICD is not easy. It’s even more difficult to find information about the effects of EMF on such devices. After receiving a Master of Science degree from Wayne State University and a Bachelor of Science degree from the University of Michigan, and both public and private sector experience in Occupational and Environment health, EMF Testing Services president Stuart Bagley, MS, CIH, CSP saw this information gap. Likewise, he saw concerned employers at a loss. He wanted a place where everyone had access to the information and resources they needed in order to make the transition to living with a pacemaker or ICD happen smoothly for all concerned.

For that reason, EMF Testing Services is launching this new website and blog as a way to share information and news. It is for everyone,

•Patients with an implanted medical device looking to understand and mitigate potential risks.
•Medical professionals seeking news and resources for patients.
•Business owners, human resources professionals and safety officers searching for information to help them accommodate employees returning to work after implantation and to be compliant with the Americans with Disabilities Act of 1990.

Additional electromagnetic field expert witness resources and information about Stuart Bagley are available in the Witness.net expert witness directory.

Architecture Expert Witness – What Are Construction Defects?

Witness.net — Wed, 23 Jun 2010 14:30:45 +0000

Architecture expert witness, Michael S. Poles, GC, CM, RCI, DABFET, ACFE exerpt from his own publication on what constitutes construction defects.

Since the "Building Boom" of the 1980's and the advent of the ten year cycle ( California Code of Civil Procedure, Section 337.15 ) for "LATENT DEFECTS" ( A latent defect is one that a property owner does not know about and would not be expected to discover through the exercise of reasonable care. ) construction defects claims and subsequent litigation has exploded into horrific proportions.

According to many articles that have appeared in the San Diego Union-Tribune, the La Jolla Light and the Los Angeles Times, "the proliferation of construction defects litigation has devastated the California Economy by drying up the availability of affordable attached housing, depressed the job market and driven multi-residential builders and their insurance carriers out of the State of California, or out of existence all together".

In addition, individual home owners that have been involved by their Homeowners Association bringing forward construction defect litigation have reportedly lost equity in their property. Many have reportedly "walked-away" from their mortgages and lenders have shied away from providing loans to prospective buyers of "Common Interest Developments" in California.

Recently California lawyers have been preparing to spread out of California by seeking licensing in the States of Nevada and Arizona. Nevada, in particular, has been enjoying a building boom for approximately the last ten years. With the proliferation of new Las Vegas Casinos, new Housing, Schools and allied support businesses and industry ... it looks like Nevada is next!

Imagine for a moment that we actually live in a "perfect world". A world in which everybody assumes full responsibility for all of their actions and omissions. A world where construction professionals and tradesmen, alike, do everything that they do within strict accordance with all requirements of all applicable Building Codes, Building Code Standards, adopted Standards promulgated by professional, manufacturers' and trade associations. Further imagine a world where everyone never makes a mistake and builds with absolute perfection!

Theoretically, when it comes to defects in construction, that is exactly the type of world that many plaintiff lawyers want us to believe we live in .. "a perfect world". Anything less than "absolute perfection" is considered, by many plaintiff lawyers to be "DEFECTIVE". They draw an image of incompetent and corrupt contractors and developers that can do nothing right, but can only provide the consumer with highly defective and unsafe buildings.

Think about it! Construction Defects! What are they, really?? Are they blemishes? Are they something that's less than perfect? Just what is a defect?

Additional architectual expert witness resources available in the Witness.net expert witness directory.

Acoustics Expert Witness testifies on airport noise

Witness.net — Fri, 18 Jun 2010 01:42:45 +0000

Want to double the number of flights your airport currently handles? You may need the services of an acoustics expert witness. Much like this airport in Hampshire, England recently did.

Airport inquiry hears new round of noise arguments from acoustics expert witness
By Jack Sommers
June 17, 2010

ARGUMENTS about how annoying the noise of 50,000 flights over homes each year might be have continued at the Farnborough Airport inquiry this week, as an end to the proceedings looms.

Airport owner TAG - fighting to be given permission for 50,000 flights a year instead of 28,000 - has been arguing with Rushmoor Borough Council about how effective a system for measuring noise is.

According to the current system, the sound from the extra 22,000 flights would have a minimal effect on people and was within the ‘noise budget’ the council said the airport could not exceed.

TAG’s noise expert Jeff Charles took to the stand two weeks ago to present his analysis supporting plans for more flights.

This week, Rushmoor Borough Council’s noise expert Dani Fiumicelli was presenting his case, claiming that the method of measuring noise was effectively irrelevant to people who actually endure it.

According to the noise system, each property under the flightpath is assigned an overall decibel number, with 57dB as the definition of ‘community annoyance’.

This is roughly equivalent to a nearby car driving slowly and slightly louder than bird song, according to evidence put before the inquiry.

When the council’s lawyer Simon Bird cross-examined Mr Charles, he questioned how effective the system was, saying it did not account for the fact that the noise of planes from the airport was intermittent, meaning it interrupted people’s days rather than a continuous, less disturbing noise.

Mr Charles replied that he was using the tools he had been given to measure noise.

Additional acoustics expert witness resources available in the Witness.net expert witness directory.

Sales Expert Witness: 10 Mistakes to avoid with Distributor Agreements

Witness.net — Tue, 08 Jun 2010 14:30:30 +0000

According to Glen Balzer, international marketing and sales expert witness:

Many factors go into the creation of a great distributor agreement. Mistakes in a distributor agreement are almost invisible during the courtship between a distributor and a manufacturer. Unfortunately, those same mistakes grow into glaring errors at the end of a distribution partnership. In order to avoid problems at the time of termination, the creator of a distributor agreement must ensure that unsound clauses are not inserted and that particular phrases are not omitted. Here is a checklist of ten common mistakes to avoid when drafting your next distributor agreement.

1. Too Much Too Fast
2. Termination for Cause Only
3. Annual Termination and Semiautomatic Renewal
4. Exclusive or Nonexclusive
5. Frequency of Price Changes
6. Termination by Only One Party - Not Both
7. Frequency of Amendments
8. What Happens after Termination?
9. Comparison with Proven Industry Agreements
10. Leaving the Negotiation Process Strictly to Attorneys

Visit New Era Consulting to view expanded commentary on each of the 10 Distributor Agreement Mistakes and to learn more about Glen Balzer and his work as a Sales and Marketing Expert Witness.

Additional Sales and Marketing Expert Witness resources available in the Witness.net expert witness directory.

Discrimination Expert Witness to be called upon in Hooters case?

Witness.net — Mon, 07 Jun 2010 18:03:05 +0000

Use of a Discrimination Expert Witness in Hooters case possible? Here is an excerpt from an article speaking about the recent weight discrimination case against Hooters in Michigan. Should the suit continue, it is likely to involve some sort of employment expert witness.

Hooters case sparks debate about weight discrimination
Rule has been unique to Michigan since ’76

As a nation grows more obese, a unique state law that has catapulted Hooters of America into a legal minefield is gaining more attention from lawyers, lawmakers and civil rights activists.

Unlike any other state, Michigan is the only one to ban discrimination based on weight, according legal experts.

All efforts to adopt the 1976 law in other states have failed, advocates said, because many believe weight is something that can be controlled.

“People still believe obesity is a self-inflicted condition or disease,” said James Zervios, spokesman for the Tampa, Fla.-based Obesity Action Coalition. “It’s still acceptable to make fat jokes.”

In the past three weeks, two former Hooters waitresses in Roseville filed weight discrimination lawsuits against the restaurant giant, claiming they were fired for not being slender enough. It’s one of the first cases to test the state’s weight discrimination law, which is part of the broader Elliot-Larsen Civil Rights Act that bars other types of discrimination, such as race, gender, height and age.

Mike McNeil, Hooters’ vice president of marketing, said the state law is “one of the long list of things that make it harder for us to do business in Michigan than in our 45 other states.”

The law was passed after lawmakers heard from women who said they couldn’t land auto, police and fire jobs that men dominated because of height standards.

Some employment and discrimination expert witnesses say the Hooters lawsuit is just one example of how employers often discriminate based on appearance. Others say one's appearance, including weight, can be a legitimate factor in hiring decisions.

Although Michigan has a rare law that bans discrimination based on weight and height, employment still is a lot easier to find if you're thin, lawyers and advocacy groups say.

"This is really a common business practice," said attorney Richard Bernstein, who represents Cassie Smith and Leanne Convery in lawsuits that claim they were fired as waitresses because they weren't trim enough. "This really is the cornerstone of civil rights: You can't discriminate based on appearance."

Read the full article here.

Additional Discrimination Expert Witness resources available in the Witness.net expert witness directory.

Medical Expert Witness Testimony Admissible

Witness.net — Mon, 07 Jun 2010 16:17:16 +0000

Medical Expert Witness passes Daubert Standard - Expert Witness Testimony allowed in Erb's Palsy case:

Cincinatti, OH: A report to be released this fall in Pediatrics for Parents identifies Erb's Palsy as a condition that affects three out of every 2,000 live births in the US. Typified by paralysis of the arm and stemming from nerve damage, Erb’s Palsy is more common than Down syndrome and muscular dystrophy. Yet there is a great deal of incorrect information out there.

Even some medical caregivers are unfamiliar with the symptoms and treatment options for Erb's Palsy, also known as shoulder dystocia. The reality is that the condition can be effectively treated, but early intervention is key. Experts at the Cincinatti Children's Brachial Plexus Center (CCBPC) agree that the greatest challenge in treating the condition is identification and diagnosis. All too often this doesn’t happen because of the prevailing lack of awareness about the condition.

Erb's Palsy stems from an injury to the brachial plexus, a network of nerves in the neck area controlling movement and sensation in the shoulder, wrist, elbow, hand and fingers. Injuries range from mildly stretched nerves to nerves that are completely torn from the spinal cord.

A difficult birth often serves as the genesis of Erb's Palsy. Not all injuries to the brachial plexus are birth-related, but newborns are at the greatest risk for nerve damage, usually when their shoulders become wedged in the birth canal. The use of forceps and other tools during a difficult birth can also lead to nerve damage.

It should be noted that while newborns are at greatest risk, a slight majority of Erb's Palsy patients—54 percent—develop the condition in the absence of a known or identified cause.

A recent case being heard in Middlesex Superior Court noted that a child affected by Erb's Palsy was a large baby—a fact that in itself puts babies at risk for shoulder dystocia if born through natural childbirth. The defendants in the case moved to preclude the testimony of a medical expert witness. In his testimony, the medical expert witness opined that should other known causes of Erb's Palsy be ruled out, then in his opinion the injury to the brachial plexus was likely the result of excessive traction.

The expert witness was found by the court to have satisfied the Daubert admissibility standard, and the motion on the part of the defendants to preclude the expert testimony was denied.

Once Erb's Palsy has been diagnosed, treatment protocols are fairly rigid and timelines are important. "This injury should be identified early enough that these children are able to receive the treatment they need," said orthopedic surgeon Mohab Foad MD, in comments to be published in the November issue of Pediatrics for Parents. "My preference is to proceed with nerve reconstruction as soon as it becomes clear that it is needed. The optimal time for surgery is before nine months, although it is still an option after 9-12 months."

He went on to say that while there is still opportunity for treatment beyond the optimal window, "repairing the nerves is no longer an option."

The problem then is the lack of understanding about Erb's Palsy, together with the lack of knowledge about treatment options. Linda Michaud MD, co-director of the CCBPC, notes that too many health care professionals remain misinformed.

"Before our families find our center with brachial plexus specialists, many are told that their children will heal on their own or that nothing can be done for them," she told Pediatrics for Parents.

Additional Medical Expert Witness resources available in the Witness.net expert witness directory.

Microwave Expert Witness: Are Microwaves Really Safe?

Witness.net — Mon, 07 Jun 2010 01:09:37 +0000

Microwave Safety Expert Witness, Robert Schiffmann sorts out the facts.

Microwave Oven Safety - What Are the Real Issues?

Robert F. Schiffmann
R.F. Schiffmann Associates, Inc.
149 West 88 Street
New York, N.Y. 10024

The persistence of myths and half-truths in consumers minds have plagued the microwave oven industry from its inception. First there was the worry of using aluminum trays that persists to this day despite evidence that they are perfectly safe. Then there was a worry about pacemakers and warnings still can be found in food service establishments and some government facilities despite there never having been a recorded case of a person wearing a pacemaker being injured by a microwave oven, while there have been incidents involving auto and lawn mower ignitions, electric shavers, elevators and other sources a large magnetic fields.

Then there was the worry about leakage from these appliances, with people claiming all sorts of injury. But that has mostly disappeared from consumers minds. It never made any sense to begin with and todays ovens are so well constructed that it is usually not possible to detect leakage except at one or more orders of magnitude below the allowable levels. This is properly put in perspective by a noted scientist who said it was like worrying about getting a tan from moonlight.

But are there things about which consumers should be concerned? Of course and they fall into two major categories : overheating and underheating.

Overheating Microwaves

Microwaves heat in a very peculiar fashion. They are a form of energy, not heat, and create heat when interacting with materials. There is no temperature limit to their ability to heat, other than the destructive temperature of the material. They also heat both the inside and outside at the same time and, because the air in the oven is cold, the interior is usually hotter than the surface. Therefore, baking a potato can cause it to dry out in the middle and burst into flames. That is not
something that happens very often. What we have watch out for are :

• Superheating - when the interior of a liquid or a food can exceed boiling temperature and
suddenly erupts when disturbed, stirred, or a product such as instant coffee is added.
• Excessively high temperatures- in such things as high sugar or oil containing foods.
• Hidden high temperatures : a good example is baby food because the size and shape of the
glass jar is such that the highest temperature will usually be in the middle. We have recorded
temperatures of 200 F and higher while the glass surface was still cool to the touch. A
number of such cases of injury to infants have been recorded in the medical literature.

Steam pressure buildup

This can occur in popcorn bags which fail to open during popping.

Microwave Fires

There have been cases of fires reported from such things as popcorn. These are usually confined to the oven and are not serious.

Underheating Microwaves

A major focus of attention in the UK is upon the possibity of microbiological
problems resulting from improperly heated foods that may be contaminated with organisms such as Salmonella or Listeria Monocytogenes. Numerous incidents of food poisoning have occured in the UK although none has involved microwave ovens. The concern is the uneveness of heating encountered in the microwave oven and the tendency for consumers to underheat foods in their
desire for time savings. The fact is that conventional ovens heat unevenly also and if consumers are getting sick from these they must be underheating foods. In either microwave or conventional ovens proper handling and cooking will destroy microorganisms, that should not have there in the first place.

So, are microwave ovens safe? Yes, when they are used properly and care is taken with certain foods. But then there is always the possibility that you could drop one on your foot.

Broadcast Media Expert Witness on Citadel Valuation

Witness.net — Sun, 06 Jun 2010 01:47:47 +0000

Broadcast Expert Witness to Weigh In On Citadel Bankruptcy

U.S. Bankruptcy Judge Burton Lifland said after a hearing that he will approve the reorganization plan submitted by Citadel Broadcasting in its Chapter 11 bankruptcy proceedings, BusinessWeek reports. Citadel's plan had been facing objections by a shareholder group led by Aurelius Capital Partners, which said the company was undervalued by its bankers.

Aurelius and two affiliates bought significant stock in Citadel well after its December bankruptcy filing. Two other shareholders also protested the plan on the basis of the business valuation.

Lifland refused to allow opponents of the plan to have a media expert witness testify on the Citadel valuation, BusinessWeek reports, agreeing with Citadel that the proposed witness wasn't an expert in broadcast. Lifland also declined to postpone the hearing while Aurelius came up with new expert testimony. Aurelius' attorney did not comment to BusinessWeek on whether the group will appeal.

Citadel CEO Farid Suleman told the publication, "We're glad it's over and we can get on with running the company."

Citadel's plan will put its secured lenders in control of 90 percent of the reorganized company, with the rest going to unsecured lenders. Stockholders will receive nothing.

View additional related experts at the Witness.net expert witness directory:

Broadcast Expert Witness - Roger Pasquire, CRP Associates, Inc
Media Expert Witness
Radio Expert Witness