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Posted on February 13, 2024 by Vident Partners

A forensic engineer is a professional who applies engineering principles and expertise to investigate and analyze a wide variety of incidents, accidents and failures.  The goal of forensic engineering is to determine the root cause of an event, often for legal or insurance purposes.  Forensic engineers may work on cases involving structural failures, industrial accidents, transportation accidents, product defects, fires, and many more.

The responsibilities of a forensic engineer include:

Posted on January 23, 2024 by Marty Aisenberg

This case is interesting for three reasons:  The plaintiff engaged the wrong kind of expert; despite that fact, the jury returned a plaintiff’s verdict, which was reversed on appeal; and the opinion provides a useful explanation, which I have not seen before, of what makes an expert’s opinion “speculative, conclusory, and without a proper evidentiary foundation.”

Posted on January 10, 2024 by Marty Aisenberg

You can’t make this stuff up.  From The Atlantic, https://www.theatlantic.com/technology/archive/2023/12/emoji-corporate-lawsuits-court/676967/, 12/30/2023.

Posted on December 26, 2023 by Barry N. Feldman, PhD

A comprehensive suicide prevention program for schools has three components:  prevention, intervention, and postvention.  My posts about the first two are at https://www.videntpartners.com/blog/2023/youth-suicide-prevention-and-competent-school-community and https://www.videntpartners.com/blog/2023/suicide-intervention-schools.  Postvention refers to responding or being prepared to respond to suicid

Posted on December 12, 2023 by Vident Partners

Human factors experts can play a valuable role in personal injury lawsuits by explaining how a wide variety of factors may have contributed to an injury-causing incident.  Here are some ways a human factors expert can assist trial attorneys:

1.         Incident Reconstruction: Human factors experts can analyze the circumstances surrounding the incident and reconstruct how the injury occurred.  They may consider factors such as environmental conditions, user or driver behavior, and product or road design to determine if any design flaws or human errors played a role.

Posted on November 28, 2023 by Marty Aisenberg

The federal Emergency Medical Treatment and Labor Act (EMTALA) requires any hospital that participates in Medicare and provides emergency services to provide (1) an appropriate medical screening examination to anyone who comes to its emergency department asking for treatment, and (2) necessary stabilizing treatment or transfer to another medical facility if the examination reveals an emergency medical condition.  Per the EMTALA regulations, this requirement applies not only to emergency departments, but also to any department where at least one-third of outpatient visits involve emergency c

Posted on November 14, 2023 by Barry N. Feldman, PhD

Suicide is a reality in U.S. public schools.  Prevalence data indicate that one suicide every 5 years and about 170 suicidal behaviors annually take place at a typical high school.  Unfortunately, many of the latter will not come to the attention of school staff and may eventually lead to off-campus suicides.  However, when school staff do become aware of a student’s suicidal behavior, diligent school psychologists and counselors, in partnership with other school personnel and community-based professionals, can do something about it.

Posted on October 24, 2023 by Marty Aisenberg

Many, if not most, states have different statutes (or different common law doctrines) that toll the applicable statute of limitations (SOL) in different circumstances.  These circumstances include the discovery rule in medical malpractice cases and the tolling of the SOL if the plaintiff was a minor when the cause of action accrued, was deemed mentally incompetent when the cause of action accrued or while the SOL was running, was imprisoned while the SOL was running, or when the defendant is not physically within the jurisdiction and cannot be served with process.  In Louisiana, by contrast

Posted on October 10, 2023 by Peter George

When we started in business in 2004, the primary sources for locating experts were listservs and personal recommendations from other attorneys.  The Internet, already a notable source back then (Google went public in 2003), soon became the primary way to search for experts, while listservs essentially disappeared.

Posted on September 26, 2023 by Marty Aisenberg

I trust no reader of our blog needs a summary of this well-known (not to say notorious) case.  The indictment was handed down on August 14, 2023; trial is scheduled to begin on October 3, 2023.  On August 16, the defendant disclosed seven proposed expert witnesses.

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