ARTICLES

8/31/2015· Construction

Cabinetry & Millwork: Defective Design or Defective Workmanship? Who is Responsible?

By: Michael Panish

My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.

8/26/2015· Finance

FINRA Code of Arbitration and Discovery Guidelines

By: Bob Lawson

In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.

8/26/2015· Audio Forensics

Audio Forensic Analysis: What Happens In Jail, Stays In Jail... Or Does It?

By: David Smith

A confrontation between an inmate and a Corrections Officer leads to accusations of mistreatment on one side and claims of justifiable action on the other. It was one person's word against another until an unexpected recording came to light and, with the help of sophisticated audio forensic analysis and processing, the truth was revealed.

8/20/2015· Insurance

Experience Modifiers: A Flawed Benchmark For Safety

By: Edward Priz, CPCU, APA

A growing trend for many businesses has been for their customers and prospects to use their experience modification factor as a safety benchmark, requiring a modifier of 1.00 or 1.05 for those bidding on projects. A higher modifier can disqualify a firm from bidding on many projects, particularly governmental projects.

8/14/2015· Transportation

Buses and Motorcoaches: Blocking the Windshield, Missing the Point

By: Ned Einstein

With panoramic/wraparound windshields lying against the front plane, sun visors, tinted windshields, crossover and parabolic mirror systems, ergonomic driver compartments with tilting/telescopic steering columns and pneumatically-adjustable seats, video surveillance cameras and motion detection sensors - much less corrective lenses, sunglasses, annual vision examinations, and continual improvements in headlamps - one would think that bus drivers could see and react to large objects appearing directly in front of their vehicles. But, as many jurors learn, one would be wrong.

7/31/2015· Construction

Tower Cranes Warrant Closer Look

By: Thomas Barth

According to statistics, about 125,000 tower cranes are operating worldwide and, on average, are erected in 2 days on various jobsites to build skyscrapers. There are two types of cranes, tower and mobile, which can be purchased or rented depending on the company's scope of work. Mobile cranes are limited because they must be moved from location to location on the jobsite to maneuver materials. Tower cran es can be placed closer toge ther, have a radius of about 140 square meters, and can lift steel, concrete, and a va riable range of building material. Contractors can save 50 percent on the cost of material handling by using self-erecting tower cranes and onsite labor, saving thousands. Due to the flexibility of tower cranes, they are becoming more commercialized and are high in demand.

7/28/2015· Audio Forensics

Pocket Dialing and Voicemail

By: David Smith

Pocket dialing occurs when a mobile phone's touch pad is pressed by something in a person's pocket or purse, or, if the person happens to sit down a certain way, a part of their anatomy. If the pressed key or screen surface area is programmed to dial or redial a telephone number, a call occurs. This call often goes undetected by the phone's owner. Some phones are more prone to this phenomenon than others.

7/27/2015· Engineering

Forensic Clues: Principles of Engineering Design

By: John Ryan, BSME, PE

The nursery rhyme involving Humpty Dumpty is a child's first lesson in safety. What would keep Humpty Dumpty safe as he is sitting on the wall? A warning or a railing?

7/21/2015· Construction

Elder Abuse - It Isn't Always About Physical Abuse

By: Michael Panish

Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.

7/17/2015· Education & Schools

Kids In The Creek: Using STEM & Green Strategies to Transform Urban Schools

By: Dr. Virginia Rhodes

What does it take to improve science performance in an inner-city high school? Could a science "immersion" strategy change motivation and interest in science? How can we meet a key strategic goal of our urban district: "All students graduate and are prepared for postsecondary education, successful careers and productive citizenship."