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Richard A. Rice, PE - Editor
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The many compliments received by subscribers since starting OFI in August 2016 are greatly appreciated. The goals of publishing OFI are to provide timely news, commentary on current topics, and to help match attorneys and adjusters with the right forensic service provider. It is appreciated when these goals are achieved and people notice. Thank you.
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Some of the best writers I have encountered work in the legal and insurance industries. If you have something you want to write about, and need a place to publish, please consider OFI. The OFI newsletter is seen by hundreds (almost 1000) people across the country. The readership is growing. Please submit your article to mutual@bellsouth.net. Thank you.
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If you are not on the mailing list, please click on "Join the Mailing List" to automatically receive the monthly newsletter and timely updates.
If you feel you have received this email by mistake, please see the bottom where you can remove yourself from the mailing list.
Again, thank you. If you have suggestions for OFI, please email me any time.
Sincerely,
Richard A. Rice, PE
PS: Past editions of OFI can be found at my company website.
Click Here
and scroll down to the bottom of the page. Thanks.
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In the News this Month...
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Board Seeks Arrest for Unlicensed Practice
A licensing board in Louisiana sends a cease and desist order directly to the police hoping for an arrest of a supposedly unlicensed private investigator (PI). The PI sues the Board for defamation and is awarded $300K. There is probably much more to this story. However, it seems that overreaching Boards are the norm these days. Click Here
Strengthening Expert Witness Standards
While not directly dealing with engineering expert witnesses, Iowa has strengthened the expert witness standards for medical experts.
Click Here
A Bad Idea by Any Other Name...Is Just as Bad
The National Society of Professional Engineers (NSPE) makes it quite clear that providing engineering services (forensic or otherwise) on contingency is a no-no. From the NSPE Code of Ethics we have the following:
6a. Engineers shall not request, propose, or accept a commission on a contingent basis under circumstances in which their judgment may be compromised.
It seems that there are those who are promoting contingency fees for medical experts under the moniker of "disbursement funding." The funds are disbursed after the outcome of the case is determined. This method of payment supposedly allows plaintiffs access to medical experts without those pesky upfront costs for expert services. This is a contingency agreement, plain and simple. The expert risks not getting paid if the outcome is not to their client's liking. And, in the case of forensic engineers, they run the risk of running afoul of the NSPE and a state licensing board. Run Away!!!
Click Here
Reasons to Exclude Expert in One Case Not Allowed in Another
This is an article for attorneys who use expert witnesses. It appears that opinions not published nationally cannot be used as precedent.
Another North Carolina Licensing Board in the News
As you may know, the NC Dental Licensing Board lost its case in the SCOTUS regarding teeth whitening. Now the NC Acupuncture Licensing Board finds itself in court over its ruling that physical therapists cannot perform "dry needling." Apparently, a judge is allowing the case to proceed because of "antitrust" concerns.
Click Here
A Position Paper from the Federal Trade Commission (FTC)
Forensic Engineers with any experience know that dealing with state licensing boards can be difficult. The recent behavior of the Oregon Professional Engineering Licensing Board (Board) has brought to light freedom of speech, antitrust, and consumer protection issues regarding an engineer who found a problem that needed to be fixed. A 2014 "Prepared Statement" from the FTC to Congress makes it plain that the FTC will not tolerate unreasonable and anticompetitive actions of state licensing boards. From the FTC, we have the following:
"Occupational licensing can serve important goals and, when used appropriately, protect
consumers from harm. But, as is illustrated by the Commission’s history of advocacy and
enforcement, excessive occupational licensing can make consumers worse off, impeding
competition without offering meaningful protection from legitimate health and safety risks. Even
when some form of licensure is warranted, specific regulations can have significant adverse
effects on competition and consumers. Such regulations should be analyzed for their impact on
competition and, when they are likely to harm consumers, individually justified. States also
should be cautious when delegating authority to enforce such regulations to self-interested
boards of the very occupation to be regulated.
A Plaintiff's Duty to Establish Causation
A plaintiff sued a glue manufacture alleging that the fumes from the glue caused his injuries. The plaintiff offered no experts to establish causation. The defendants offered many. The judge rules for the defendants.
Click Here
One Judge Giveth Daubert, Another Taketh Away
On appeal, the appellate judges thought the original judge misused Daubert. This is a case that could confuse many.
Click Here
Human Factors Experts: How We Interact with Our Surrounding
Whether it be a slip and fall, trip and fall, or carpel tunnel, a human factors expert can help you understand how humans behave.
Click Here
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Did you know that the Oregon Board for Professional Engineers (Board) has caught the attention of nationally syndicated columnist George F. Will. It seems that Mr. Will takes great exception to the Board's prosecution of degreed electrical engineer Mats Jarlstrom for expressing his opinions on the timing of traffic signals. "Only those the board licenses are admitted to the clerisy uniquely entitled to publicly discuss engineering.", writes Mr. Will. "Bullies," "Bottlenecker's," and "Busybodies" are but just a few of the naughty "B" names Mr. Will has for the Oregon Board members. For a very entertaining and interesting read, Click Here.
Mats Jarlstrom recently wrote an article about his ordeal in the Institute of Electrical and Electronics Engineers (IEEE) newsletter. Click Here.
And another thing...the National Academy of Forensic Engineers (NAFE) summer conference is this month (July 21-23, 2017) in Atlanta, GA. Forensic engineers from around the world will be presenting peer reviewed papers on electrical, mechanical, civil, and structural engineering forensic failures and general forensic engineering topics. Many presenters are Board Certified Diplomates in Forensic Engineering. If it is not too late, please attend if at all possible. You will not be disappointed. I never am. First time attendees get 50% off the seminar fees. For more information on the upcoming seminar or to learn more about NAFE, go to nafe.org.
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I have the privilege to work with many great forensic experts in the United States, Asia and Europe in the fields of Accident Reconstruction, Electrical Failures, Mechanical Failures just to name a few disciplines. Please allow me to refer to you one of these court tested experts for your next insurance claim or legal matter. There is no charge to you. I do not get a finders fee from anyone. This is my way of helping. Plus, I can help my Forensic Engineering colleagues. Please
email me or call 404.395.7441.
Note:
No warranties, expressed or implied, are made to the suitability of any expert referred to you. Do your homework to make sure you have the right expert.
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Richard A. Rice, PE is President and Forensic Engineer for Mutual Engineering, Inc. - MEI. Because of 30 years of continuous civil/structural design services, and his early and continued exposure to his friends and families many construction businesses, Mr. Rice is uniquely qualified to provide Civil/Structural Forensic Engineering services to the insurance, legal, and construction industries. Services include building design and construction, roadway design and construction, building inspection and code compliance, building/foundation collapse, construction site incidents, and other property loss subjects. Mr. Rice is a licensed professional engineer in several states, and a Fellow and Board Certified Diplomate of the National Academy of Forensic Engineers (NAFE).
Mr. Rice has written a novel and numerous technical articles published in professional journals for NAFE, the National Association of Subrogation Professionals (NASP), and the Georgia Defense Lawyer Association (GDLA). Please call/email Mr. Rice or visit his company's webpage:
Richard A. Rice, PE
Mutual Engineering, Inc. - MEI
(Office): 770.210.6644
(Mobile): 404.395.7441
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Dr. Christine Jesup was a respected and loved obstetrician in the Low Country of South Carolina. Everything was good until tragedy struck. The ambulance carrying Dr. Jesup and her pregnant patient crashed on a defectively constructed road. Attorney Cephas Hampton, along with his forensic engineering expert, fight a corrupt road builder and an incredulous insurance company in an effort to help Dr. Jesup...to be made whole again.
"...to be made whole again"
is available now in paperback or for your Kindle device. Please
Click Here for your copy.
Amazon Book Reviews:
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"Interesting Read"
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Thank you very much!!!
Happy National Peach Ice Cream Day!!! (July 17)
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