Expert Witness Blog

Lawsuits involving workers compensation have become quite complex. As the cost of medical care increases and workers recover from injuries that would have been fatal a few short years ago, catastrophic workers compensation litigation has become very complicated and necessitates an expert witness. The definition of a catastrophic injury traditionally included traumatic brain injury, spinal cord injury, amputations, severe burns, and multiple traumas. More recently however, claims that reach $1M are often deemed catastrophic.

Intellectual property expert witnesses may opine on copyright, trademark, and patent matters. IP expert witness Dr. Michael A. Einhorn recently described the $42M copyright infringement lawsuit against singer Taylor Swift as “going nowhere.” US District Court Judge Gail Standish subsequently dismissed R&B singer Jesse Braham’s case against Swift’s 2014 hit Shake It Off. Braham claims Swift took key phrases from his work Haters Gone Hate. Judge Standish ruled that Braham may file another complaint if he sufficiently bolsters his case.

Appraisal expert witness Matthew S. Krauser will testify in tax court representing West Milford Township in litigation against the city of Newark. The township is challenging Newark’s assessment of watershed land property. Attorney Fred Semrau represents the township in seeking accurate valuations with corresponding tax revenues. The West Milford town council announced that tax assessor Brian Townsend would not be called to testify in the case.

Riverside County Superior Court Judge Gloria Connor Trask denied a motion by Los Angeles to block the city of Ontario’s economic damages expert witness from the upcoming trial in August. Los Angeles took ownership of the Ontario International Airport in 1967. The expert has estimated that Ontario lost $1.7B to $4B because of OIA mismanagement. The city will present three claims including breach of fiduciary duty, contract, and covenant of good faith and fair dealing. Attorneys for Ontario are expected to argue that a reduction in millions of passengers at OIA cost the city billions of dollars in economic losses.

In Getting the full value of economic experts in IP litigation: A qualified expert is key, attorney Devon Zastrow Newman writes that “Expert witnesses can make or break your intellectual property litigation.”

How is an expert qualified to present testimony?

A person can become an expert through education, skill or experience. Economic experts may be trained in finance, accounting or economics and may have certifications in business financial management, financial forensics and other related fields. Economists or professors can be experts. An economic expert may have litigation experience in the market at issue.

In Getting the full value of economic experts in IP litigation: A qualified expert is key, attorney Devon Zastrow Newman writes that “Expert witnesses can make or break your intellectual property litigation.”

A plaintiff’s claims in intellectual property litigation may take several forms, including assertion of claims of infringement of the IP right or loss of the plaintiff’s right to the IP through unlawful misappropriation (e.g., trade secret theft). To prevail, the plaintiff must establish three elements: the defendant’s breach of the IP right belonging to the plaintiff; the defendant’s breach damaged the plaintiff; and the measure of damages the plaintiff accrued as a direct cause of the defendant’s breach. An economic expert may be the key to establishing the third element.

Finance expert witness Martha Kopacz has been hired by the Detroit Financial Review Commission “advise the Commission and Executive Director Ron Rose on financial matters related to the development and implementation of the City’s four-year budget. “ Ms. Kopacz, Phoenix Management Services, served as U.S. Bankruptcy Judge Steven Rhodes expert witness in Detroit’s bankruptcy proceedings.

Accounting expert witness Arthur Erk testified that Michael Jackson could have earned over$1B if he had lived and performed a worldwide tour and Las Vegas show before his death. Katherine Jackson is suing AEG saying the company did not investigate Dr. Conrad Murray’s background. Murray was convicted of giving the singer an overdose.

Real estate expert Michael Orr, director of the Center for Real Estate Theory and Practice at the Arizona State University School of Business, says the Phoenix region had 50% fewer homes for sale in May than it did a year earlier

Economics expert James Kearl of Brigham Young University will present a damages report in the Oracle IP case against Google. Dr. Kearl’s expertise includes Law and Economics and Applied Microeconomics. The dispute over the Android mobile operating system is scheduled for trial on April 16 in the federal district court, N.D. Cal.