Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.
Most people that purchase, handle and manage cleaning solvents, are familiar with the terms "Cradle to Grave Responsibility" and "Long-Tail Liabilities". Cradle to Grave responsibility has been used to describe the fact that any person that generates a waste material that is classified, as a hazardous substance is responsible for that waste from the time it is generated until pretty much the end of time. The Cradle to Grave system is a provision with legislation known as the Resource, Conservation and Recovery Act (RCRA) which passed in 1976 and focuses to a large degree on the management of hazardous waste. There is no time limit or expiration date that will release a generator from this long-term management responsibility. This is why the management of hazardous substances is termed Long-Tail Liability.
Many automobile accidents are complex cases with multiple events during a single accident. The aim of forensic investigations of such (and all other) accidents is to reconstruct the sequence and the severity of events during the accident and then to establish cause and- effect relationships between the injuries (or damages) and the probable factors - vehicle design (e.g. brakes, structure, airbags); vehicle operator (e.g. distracted driver, alcohol impairment, reduced vision); and operating conditions (e.g. fog, failed traffic sign, excessive speed, icy road).
When she was a girl, the young woman had emigrated with her family to the United States from her home country in Africa. She grew up in the northeastern USA and was now attending college. As part of her application for United States citizenship she must present her birth certificate. Her father sent the birth certificate to her. The birth certificate had apparent alterations. Government officials refused to accept the birth as valid because her appearance did not match the age on the birth certificate. She was born in 1994 yet birth certificate appears to state her year of birth as 1984.
A crane collapse onto an electrical switchyard building causing a complete shut down of an oil refinery plant. The refinery company hired a large well known management company to manage and supervise the lifting of heat exchangers for maintenance, repair and replacement. The management company retained the services of a lifting contractor.
Health care fraud and abuse cases are often won or lost on the effective use of expert witnesses. As health care fraud cases have become more complex and technical, the scope and use of expert testimony has proliferated, and the successful use of experts is one of the lawyer's most important jobs. False Claims Act, Anti-Kickback Statute, and Stark Law cases all demand various types of experts to assist the trier of fact in understanding the nature of the case, the morass of rules at play, the evidence, and a variety of billing, valuation, contractual, technical, and compliance concepts. Increasingly, expert reports and testimony play a pivotal role in motions for summary judgment, as well as at trial. Experts also are used in "conference room litigation," such as mediations or negotiations between defense counsel and enforcement agencies. This article is the result of interviews with health care fraud litigators and expert witnesses in the field who identified their best practices to produce optimum outcomes for their clients.
About five years ago, I wrote about project developer who specializes in energy tax deductions and rebates. We call him "Dr. EPAct" because he knows how to navigate and attain substantial tax deductions and rebates, which pay for most (if not all) of a project's cost. His highly tangible skills in accounting are typically "outside" of an energy manager's core strengths, but definitely worth knowing. This month, Dr. EPAct (Bill Bissmeyer) is contributing again in this article! He will help explain the Federal Tax Extenders Act, which was signed on December 18, 2015 into law. More importantly, Bill presents a case study showing the economics and tax advantages that you have available to you. Frankly- you cannot afford to skip this article because it may be the key you need to get your project funded.
Schools, including K-12 schools, colleges, and universities, have a responsibility to protect their students from harm. Harm includes the inability to benefit fully from education as a result of being in a hostile school environment. The politically motivated rhetoric and actions seen in schools during and after the presidential campaign can create a hostile school environment for which schools can be held responsible.
In a monthly magazine, it is almost impossible to keep up changes that are racing along This past September, 2015, small fleets of Volvos and Ford Fusions were released into the general traffic stream in Pittsburgh, and driverless Anheuser-Busch trucks began delivering Budweiser and Bud Light. The Netherlands and Finland have been deploying driverless motorcoaches for months now. And we already have a few similar services operating in the U.S.
Having worked with attorneys in over 40 injury cases related to chairs (wood, metal, fully upholstered, plastic, aluminum, swivel, fixed mounted, outdoor), dining tables, occasional tables, bar stools, booths and banquettes; I felt the need to try and "clear the air" and save substantial time and resources for both plaintiff and defense sides moving forward.