Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.
Both large-scale catastrophe-induced losses and small-scale single event losses have the potential to impact employees, individuals, insurance personnel, general contracting restoration firms and associated property loss. In addition to the actual water-loss event, secondary losses can become equally as devastating depending on pre-existing and/or event-related building conditions, and the role the insured's take as part of required catastrophe restoration activities. During the water loss event, all project related information and environmental data generated is an integral part of the decision making process that may be disclosed at various stages to inform all the various "parties" involved with the project. All in all, a well-executed restoration project can minimize common delays and expenses of an ill-conceived and managed project.
Vocational Rehabilitation Counselors specialize in the study of medical and psychological aspects of disability, assessing an individual's disability to delineate functional limitations and possible vocational alternatives. This unique and specialized knowledge places vocational rehabilitation counselors in a critical forensic role as an expert witness for the tire of fact. The vocational expert (VE) assessment and testimony measures the scope and severity of a disability in functional and vocational limitations. This is vital in accidents that occurred and may be subject to legal claims for monetary damages.
How do you determine what care and how much money a chronically or catastrophically disabled individual will need for the rest of his or her life? Some attorneys representing either the plaintiff or the defendant in such cases are now getting the expert help they need from specially trained rehabilitation consultants called "life care planners".
The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.
Historically, fires and automobile accidents have been the primary types of property and casualty claims that presented a potential avenues of for subrogation. However, with the increased costs of mitigating the extent of water damage and reducing the potential for mold growth, claims involving large water losses have become another important area with subrogation potential.
Following a hurricane, damages to a residential structure can range from structural distress, to small areas of mold growth to a total loss of the structure. Storm damage can affect multiple components of a structure including the roof, windows, siding, foundation and interior finishes. Wind or water is often the most common cause of damage to residential properties; however, there are many factors to consider when assessing the various causes of damage. Some of the factors include material use, age, condition and construction methods as well as type, location and extent of the damage. It is essential that a professional with hurricane damage assessment experience evaluate these factors to accurately define the cause.
A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.
Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.
In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.