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February 3, 2023

Category: Publications

This is where all of the publication posts will live

Personal Injury and Wrongful Death Damages Checklist

Saturday, 01 November 2014 by CFES
  • Published in Useful Links
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Defend on damages at trial or risk appeal

Friday, 06 December 2013 by CFES
Pennsylvania courts require defense on all aspects of damages claims Pennsylvania courts have repeatedly ruled that 1) jury verdicts must bear a reasonable resemblance to evidence proffered at trial and 2) a defendant who does not address and sufficiently call into controversy damages issues at trial may face a new trial on damages if the
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  • Published in Economic Damages in Personal Injury Litigation, Publications
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Request Form for Lifetime Earnings from the Social Security Administration

Monday, 02 December 2013 by CFES
  • Published in Publications, Useful Links
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Best’s Law Digest of State Insurance Laws

Monday, 02 December 2013 by CFES
  • Published in Publications, Useful Links
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Growth and Discounting of Awards for Future Damages

Monday, 02 December 2013 by CFES
Awards for future damages are discounted to reflect present value — that is, lump-sum awards can generate interest over time, so awards are discounted to account for the “time” value of money. The question is: how much money must be provided today in order to yield (through a safe investment) what the plaintiff will need in
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  • Published in Expert Testimony, Publications
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Identity Theft: Improbable Damages Claims

Monday, 02 December 2013 by CFES
Recently, economists at the Center for Forensic Economic Studies have been asked to analyze improbable damages claims made in matters involving identity theft (misappropriation of credit-card numbers or other personal financial information). These claims are for damage to “inherent credit reputation.” Exactly what “inherent credit reputation” is, how it is damaged, and how it is
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  • Published in Expert Testimony, Publications
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Daubert and Economics

Monday, 02 December 2013 by CFES
By Jerome M. Staller, Ph.D. A recent opinion, Elcock v. Kmart Corp., 3rd Cir. no. 98-7472 (Oct. 10, 2000), stands as a good example of the difficulties courts now face in applying Daubert standards of admissibility to non-scientific testimony. Under Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167 (1999), courts are now
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  • Published in Expert Testimony, Publications
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‘Lost Chance’ Theory Gains Ground

Monday, 02 December 2013 by CFES
by Jerome M. Staller, Ph.D. The “lost chance” theory of recovery is steadily gaining ground in medical malpractice cases involving reduced life expectancy or increased risk of future harm, and also in employment matters. Under the lost-chance theory, a claimant’s recovery is limited by the odds or likelihood that an event would have occurred but
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  • Published in Expert Testimony, Publications
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Testimony on Plaintiff’s Likely Retirement Age

Monday, 02 December 2013 by CFES
by Jerome M. Staller, Ph.D. The U.S. District Court for the District of Delaware has held that an economist may testify on the probable date of retirement of the plaintiff in an Age Discrimination in Employment Act matter. Finch v. Hercules Inc., 941 F.Supp. 1395 (1996). The plaintiff sued his former employer under the ADEA,
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  • Published in Expert Testimony, Publications
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Working With an Expert Economist: 14 Rules

Monday, 02 December 2013 by CFES
By Jerome M. Staller, Ph.D. I began offering my services as an expert economist more than 25 years ago and have testified in literally thousands of cases. This experience qualifies me, I hope, as an expert in the use of experts, especially the use of expert economists. Here, I offer a few insights I have
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