Newsletters-Outlines

 
   

CASES & TOPICS:

 

Liquor Liability (Dram Shop)

  • Reliability of alcohol testing

  • Amount of alcohol consumed

  • BAC at the time of last service

  • Expected effects of alcohol

  • Comparison of case features

  • Patron-specific factors

Alcohol-related Cases

  • Motor vehicle accident

  • Pedestrian accident

  • Aquatic accident

  • Cycling accident

  • See liquor liability (above)

Drug-related Cases

  • Drug testing

  • Expected effects of drug

  • Drug-alcohol interactions

  • Risk of accident

  • Cause or manner of death

Toxic Torts

  • Carbon monoxide

  • Lead paint

  • Chemical solvents

  • Pesticides

  • Caustic chemicals

Criminal Cases:
While most of Dr. Pape’s work relates to civil matters, he does review, consult, or testify in some criminal cases.
 

Consultation Assignments:
Please call Dr. Pape to discuss potential case-specific consultation relating to technical issues or case testimony.

 

 


 

Type in a subject you want to find in the abstracts of our Newsletters:

 

Recent Newsletter

Various Topics:

  • Alcohol and risk of accident
  • Liquor liability
  • Drug-related accident or incident
  • Toxic torts

 

Click on the Newsletter above to read, print or download.

Abstract:
Alcohol and Accident: The risk of many types of accident such as MVA, slip-or-fall, pedestrian-MVA, snow skiing, snowmobiling, and aquatic is increased at a BAC of 0.05%.

Liquor Liability: Case analysis is discussed including (1) the reliability of blood serum alcohol testing, (2) calculation of the amount of alcohol consumed by a patron, (3) the estimation of the patron’s BAC at the time of last service, (4) the relationship between BAC and expected alcohol-related effects including visible or obvious intoxication, (5) patron-specific features such as history of alcohol consumption and acquired tolerance to BAC-related effects, and (6) comparison of case testimony with (1-5). Approaches to the examination of an alcohol expert are also discussed.

Toxic Torts: The evaluation of toxic torts is illustrated in a discussion of two frequently encountered toxic torts … carbon monoxide and lead paint cases.

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Alcohol

Alcohol: Fate – Testing – Effects – Case Analysis

  • Absorption-distribution-elimination of alcohol
  • Alcohol test specimens and test methods
  • Alcohol-related effects and risk of accident
  • Alcohol and aggressive behavior
  • Liquor liability

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Abstract:

Fate of Alcohol: The processes and factors related to the absorption, distribution, and elimination of alcohol are discussed.

Alcohol Testing: Pre-mortem alcohol test specimens (whole blood, blood serum, breath, and urine), alcohol test methods, and the reliability of test results are discussed.

Effects of Alcohol: The effects of alcohol and risk of alcohol-related accident are discussed.

Behavioral Effects: Theories regarding the relationships between personal/family/social history, environmental/circumstantial features, alcohol consumption, and aggressive behavior are discussed.

Liquor Liability: Some of the most important aspects of alcohol-related case analysis are illustrated in a discussion of liquor liability.

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Liquor Liability: Dram Shop or Social Host

  • Alcohol and Risk of Accident
  • Behavioral Effects of Alcohol
  • Liquor Liability

 

 

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Abstract:

Case analysis is discussed including (1) the reliability of blood serum alcohol testing, (2) calculation of the amount of alcohol consumed by a patron, (3) the estimation of the patron’s BAC at the time of last service, (4) the relationship between BAC and expected alcohol-related effects including visible or obvious intoxication, (5) patron-specific features such as history of alcohol consumption and acquired tolerance to BAC-related effects, and (6) comparison of case testimony with (1-5). Approaches to the examination of an alcohol expert are also discussed.


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Drugs: Fate – Testing – Effects – Case Analysis

  • Absorption-distribution-elimination of drugs
  • Patient (i.e. therapeutic) drug monitoring
  • Premortem drug testing … specimens and methods
  • Postmortem drug testing … specimens and methods
  • Drug-related effects
  • Case analysis

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Toxic Torts: Chemicals

  • Risk Assessment
  • Carbon Monoxide
  • Lead Paint
  • VX Nerve Gas
  • Organophosphate Pesticides
  • Cosmetics - Adverse Reactions
  • Chemical Burns - Acids and Bases
  • Food Additives - Allergic Reactions
  • Acetaminophen (Tylenol)
  • Methyl Salicylate (Oil of Wintergreen)
  • Residential Pesticides (Dursban)
  • Adulterated Foods and Beverages
  • Estimating Airborne Chemical Exposure
  • Using the Internet

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Special Services: Case-specific Assignments

  • Initial case review and on-going consultation
  • Literature review and related report or consultation
  • Science-based examination of an expert witness

 

 

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Abstract:

Initial Case Review and On-going Consultation: ICR and on-going consultation is often times a very cost-effective approach to case evaluation including reasonable expectation regarding adverse testimony and the foundation for such testimony as well as the science based examination of an expert witness. Example illustration relate to a liquor liability case and a toxic tort.

Literature Review-Report-Consultation: The careful and balanced review of scientific literature contributes to an assessment of both the foundation for case-specific opinions and the appropriate examination of an expert witness.

Examination of an Expert: Questions relating to case-decisions regarding the deposition, voir dire, and cross-examination of an adversarial expert are discussed and illustrated.

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Criminal Charges: Alcohol or Drug-related

  • Drug-related Topics
    • Possession vs. Distribution
    • Total Net Weight of a Drug
    • Clandestine Drug Laboratory
    • Drug-related Death
    • Probationary Drug Testing
    • Drug-related Discovery
    • Retesting for Drugs
    • Aggressive Behavior
    • Foreseeability of Risk
    • DWI-Drugs
  • Alcohol-related Topics
    • Breath Alcohol Testing
    • Field Sobriety Testing
  • Cross-examination
     

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Abstract:

While most of Dr. Pape’s work relates to matters subject to civil litigation, he does sometimes agree to review, consult, or testify in criminal cases. The newsletter discusses topics of interest to criminal defense attorneys and prosecutors.


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Analysis of Case Opinions: Examination of an Expert Witness

  • Using Scientific Abstracts or Reports
    • Deposition and Voir Dire
    • Cross-examination
  • Example Abstracts or Reports:
    • Alcohol and Falls
    • Drugs and MV Accident
  • Consultation Assignments

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Abstract:

A typical assignment would be to provide review and consultation and science-based case analysis focused on the validity of the assertions or opinions of an expert or the foundation necessary to support the opinions put forward in an expert disclosure, written report, or affidavit.  Consultation often includes options regarding the examination of an adversarial expert.  For additional description and illustration, see Special Services (above).


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