WAKA LLC v. DCKICKBALL Et Al - Document No. 24
WAKA LLC v. DCKICKBALL Et Al - Document No. 24
WAKA LLC v. DCKICKBALL Et Al - Document No. 24
24
WAKA, LLC, )
)
Plaintiff - Counterclaim Defendant )
)
v. ) Civil Action No. 1:06cv00984 EGS
)
DC KICKBALL, et al. )
)
Defendants - Counterclaim Plaintiffs. )
)
COMES NOW, WAKA, LLC to Rule 26(a)(2) of the Federal Rules of Civil Procedure,
and the Scheduling Order herein and discloses the following expert witness information listing
Dr. Smith’s CV is attached as Exhibit A and includes his list of publications. Dr. Smith’s
Dr. Smith is an expert in the field of forensic economics and will testify about the nature
and amount of the monetary losses sustained by WAKA, LLC as a result of the copyright
infringement, defamation and other actions of the Defendants. He will testify consistent with his
report which is today served on counsel for all parties. This information is confidential and is
not to be shared outside of the litigation. Any and all backup information will only be disclosed
Dockets.Justia.com
Dr. Smith’s compensation for this engagement is as set forth in the compensation
Respectfully submitted,
Dated August 3, 2007 WAKA, LLC
By its attorneys,
/s/ Thomas M. Dunlap
Thomas M. Dunlap, D.C. Bar # 471319
Eugene W. Policastri, D.C. Bar#470203
DUNLAP, GRUBB & WEAVER P.C.
1200 G Street, NW Suite 800
Washington, DC 20005
Counsel for Plaintiffs
Telephone: 202-316-8558
Facsimile: 202-318-0242
tdunlap@dglegal.com
Attorney for the Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that this 3rd day of August, 2007, a true and correct copy of the
foregoing Expert Disclosure was sent via United States First Class Mail and facsimile to the
following:
Melvin A. Todd
Jeffrey Morgan
NOVAK DRUCE & QUIGG LLP
1300 Eye Street, NW
400 East Tower
Washington, DC 20005
Phone 202-659-0100
Facsimile 202-659-0105
2
Exhibit A
SEG
Smith Economics Group, Ltd.
A Division of Corporate Financial Group
Economics / Finance / Litigation Support
Stan V. Smith, Ph.D.
President
S T A N V. S M I T H, P H. D.
------------------------------------------------------------------
DePaul University. -- Adjunct Professor, College of Law, 1990 to 1994. Taught a full three-
credit course in Advanced Remedies - Analysis of Economic Damages in Litigation, based
on my textbook on Forensic Economics; delivered lectures to other courses in subsequent
years. This was the first course taught nationwide in the area of Forensic Economics.
Ibbotson Associates, Inc. -- Economic and Financial Consultants. Principal and Managing
Director; Originator of SBBI Subscription Services, 11/81 to 11/85. Firm provides
consulting to hundreds of the nation's most prominent money managers, law firms, brokerage
firms, and pension funds.
Seaquest International, Inc. -- Founder and President, 7/77 to 11/81. Developed and financed
sophisticated research, search, and recovery technologies for ancient underwater artifacts.
The December Group, Ltd. -- Investment Banking Consultants. Associate Economic Analyst
12/74 to 7/77. Firm specialized in mergers and acquisitions, leveraged buy-outs, divestitures
and financing specialized start-ups with venture capital.
JPMorgan Chase Bank - Chicago. -- Staff Economist, 3/74 to 12/74. Analyzed bank credit and
service pricing policies.
Federal Reserve System. -- Staff Economist at Board of Governors, Washington, D.C. 9/73 to
2/74.
1165 N. Clark Street ■ Suite 600 ■ Chicago, IL 60610 ■ Fax 312-943-1016 ■ Tel 312-943-1551
www.SmithEconomics.com
SE G
EDUCATIONAL BACKGROUND:
University of Chicago, Chicago IL. Ph.D. in Economics, 1997; Support Areas inFinance and
Econometrics. Honors: Allied Chemical Scholar and Federal Reserve Internship.
University of Chicago, Chicago, IL. Master's Degree, 1972, Graduate School of Business; Field
of Concentration in Economics.
Cornell University, Ithaca, NY. Bachelor of Science, Operations Research, 1968; Field of
Concentration in Statistics, Computer Science and Industrial Engineering, Honors: John
McMullen Scholar.
PROFESSIONAL ACTIVITIES:
PUBLICATIONS:
2
SE G
Co-author: Economic/Hedonic Damages: A Practice Book for Plaintiff and Defense Attorneys,
with M. L. Brookshire, Anderson Publishing Co., Cinn., Ohio, 1990.
Co-author, "Hedonic Damages and Personal Injury: A Conceptual Approach," Journal of
Forensic Economics, 3(1), 1990, pp. 1-8. 6619
Author, "Hedonic Damages in the Courtroom Setting - A Bridge Over Troubled Waters," Journal
of Forensic Economics, 3(3), 1990, pp. 41-49.
Author, "Admissibility of Hedonic Damages Testimony," The Audio Litigator, Vol. 1, No. 1,
April, 1990, ALI-ABA.
Author, "Hedonic Damages," with G. Magnarini, Wisconsin Lawyer, Vol. 64, No. 2, February
1991.
Author, "Hedonic Damages: Assessing the Loss of Enjoyment of Life," CaliforniaState Bar
Bulletin, Vol. 1, No. 8, June 1991.
Co-author, "Hedonic Damages and Personal Injury: A Conceptual Approach," Journal of
Forensic Economics, 3(1), 1990, pp. 1-8; Reprinted in A Hedonics Primer for Economists
and Attorneys, Compiled and Edited by John O. Ward, Lawyers & Judges Publishing Co.,
Chapter 7, pp. 121-129, 1992.
Co-author: 1991/1992 Cumulative Supplement to Economic/Hedonic Damages: Practice Book
for Plaintiff and Defense Attorneys, with M. L. Brookshire, Anderson Publishing Co., Cinn.,
Ohio, 1992.
Author, "Hedonic Damages in the Courtroom Setting - A Bridge Over Troubled Waters,,"
Journal of Forensic Economics, 3(3), 1990, pp. 41-49; Reprinted in A Hedonics Primer for
Economists and Attorneys, Compiled and Edited by John O. Ward, Lawyers & Judges
Publishing Co., Chapter 6, pp. 111-120, 1992.
Author, "Spotting Bias in Plaintiffs' Economic Loss Reports: A Primer for both Sides," Illinois
Bar Journal, Vol 80, No. 12, December, 1992, pp. 635-638.
Author, "Life Values: Measuring the Loss of Enjoyment of Life - Economic Analysis whose
time has come," The Brief, Summer 1993, Vol. 22, No. 4 pp. 24-27, 62-63, The American
Bar Association.
Co-author: 1992/1993 Cumulative Supplement to Economic/Hedonic Damages: A Practice Book
for Plaintiff and Defense Attorneys, with M. L. Brookshire and Charles W. de Seve,
Anderson Publishing Co., Cinn., Ohio, 1993.
Author, "Evaluating the Loss of Enjoyment of Life - Hedonic Damages," in Charles N. Simkins,
ed., Analysis, Understanding and Presentation of Cases Involving Traumatic Brain Injury,
National Head Injury Foundation, Wash., DC, 1993.
Author, "Hedonic Damages in Personal Injury and Wrongful Death Litigation," in Gaughan and
Thornton, eds. Litigation Economics, Contemporary Studies in Economic and Financial
Analysis, Vol 74, JAI Press, Greenwich, CT, 1993.
Author, "Economic Evaluation of the Loss of Enjoyment of Life - HedonicDamages," in
Damages in Tort Actions, Ch. 124, Release 29 - February 1994, Pub. 309, Mathew Bender &
Co., New York.
Author, "Measuring the Loss of Enjoyment of Life in Personal Injury Cases – Hedonic
Damages," Journal of the Massachusetts Academy of Trial Attorneys, Vol 2, No. 1, July,
1994, pp. 65-67.
Author, 3-Part Series, "Two Plus Two Equals -- What?" October, 1994, p. 21; "Detecting Bias I
n Economics," November, 1994, pp. 14 & 21; "Striving for Economic Fairness," December,
3
SE G
1994, pp. 24-25, California Bar Journal, The Experts.
Author, "Measuring the Loss of Enjoyment of Life in Personal Injury Cases - Hedonic
Damages," MTLA News, Vol. 6, No. 4, December, 1994, pp. 3-5, Maine Trial Lawyers
Association.
Author, "Hedonic Damages: Measuring The Loss of Enjoyment of Life in Personal Injury
Cases," The Prairie Barrister, Vol. 1, No. 1, Winter, 1995, pp. 3, 4, & 12, Nebraska
Association of Trial Attorneys.
Author, "Measuring The Loss of Enjoyment of life in Personal Injury Cases in Ohio - Hedonic
Damages," Ohio Trial, Vol. 6, Issue 3, Summer 1995, pp. 13- 16, Ohio Academy of Trial
Lawyers Education Foundation.
Author, "Measuring The Loss of Enjoyment of Life in Personal Injury Cases - Hedonic
Damages," The Advocate, Vol. 22, No. 5, September/October, 1995, pp. 14-16, 22, The
Kentucky Academy of Trial Attorneys.
Author, "Damages for the Value of Life," North Dakota Trial Lawyers The Pleader, Vol. 18,
No. 4, September 1995, pp. 9-11, 24.
Author, "Hedonic Damages - Measuring The Loss of Enjoyment of Life in Personal Injury
Cases," Law Reporter, The Journal of the Hawaii Trial lawyers Association, Vol. 7, No. 9,
September 1995, pp. 8-10.
Author, "Measuring The Loss of Enjoyment of Life in Personal Injury Cases in Arizona -
Hedonic Damages," Advocate, Arizona Trial Lawyers Association, November 1995, pp. 5, 7,
15.
Co-author, "Hedonic Damages and Personal Injury: A Conceptual Approach," Journal of
Forensic Economics, 3(1), 1990, pp. 1-8; Reprinted in A New Hedonics Primer for
Economists and Attorneys, Compiled and Edited by Thomas R. Ireland and John O. Ward,
Lawyers & Judges Publishing Co., Reading 25, 1996, pp. 325-334.
Author, "Hedonic Damages - Measuring the Loss of Enjoyment of Life in P.I. Cases," In Brief,
Iowa Trial Lawyers Association, Vol. 7/Issue 1, January-February 1996, pp. 13-15.
Author, "Hedonic Damages in Personal Injury and Wrongful Death Litigation," in Gaughan and
Thornton, eds. Litigation Economics, Contemporary Studies in Economic and Financial
Analysis, Vol 74, JAI Press, Greenwich, CT, 1993; Reprinted in A New Hedonics Primer for
Economists and Attorneys, Compiled and Edited by Thomas R. Ireland and John O. Ward,
Lawyers & Judges Publishing Co., Reading 3, 1996, pp. 15-36.
Author, "Measuring the Loss of Enjoyment of Life in Personal Injury Cases and Wrongful Death
Cases in New Mexico - Hedonic Damages," The New Mexico Trial Lawyer, New Mexico
Trial Lawyers' Foundation, Vol. XXIV, No. 3, March, 1996, pp. 1, 60-63.
Author with Introduction by Darrel W. Aherin, "Measuring The Loss of Enjoyment of Life in
Personal Injury Cases - Hedonic Damages," Idaho Trial Lawyers Association Journal,
Volume 25, Number 2, Summer 1996, pp. 32-36.
Author, "The Value of Life to Close Family Members: Calculating the Loss of Society and
Companionship," The New Hedonics Primer for Economists and Attorneys, Second Edition,
Edited by Thomas R. Ireland and John O. Ward, Lawyers & Judges Publishing Co., 1996, pp.
377-384.
Author, "Pseudo-Economists - The New Junk Scientists," Federation of Insurance & Corporate
Counsel Quarterly, Vol. 47, No. 1, Fall 1996, pp. 95-105.
Author with Introduction by Darrel W. Aherin, "Measuring The Loss of Enjoyment of Life in
Personal Injury Cases in Idaho - Hedonic Damages," Western Chronicle, N/D 1996, Western
4
SE G
Trial Lawyers Association, pp. 32, 35-36.
Author, "Measuring The Loss of Enjoyment of Life in Personal Injury Cases in Washington -
Hedonic Damages," Trial News, Vol. 32, Number 5, January 1997, Washington State Trial
Lawyers Association, pp. 29-30.
Author, "Jury Verdicts in Drunken Driving Cases," University of Chicago Ph.D. Thesis, UMI
Dissertation Services, Ann Arbor, MI, 1997.
Author, "The Value of Life to Close Family Members: Calculating the Loss of Society and
Companionship," American Rehabilitation Economics Association 1997 Monograph, pp. 10-
16.
Author, Abstract: "Jury Verdicts in Drunken Driving Cases," Journal of Forensic Economics,
11(1), 1998, p. 67-68.
Author, "Why Juries Can Be Trusted," Voir Dire, Vol. 5, Issue 3, Summer 1998, American
Board of Trial Advocates, pp. 19-21 & 25.
Author, "Measuring The Loss of Enjoyment of Life in Personal Injury Cases - Hedonic
Damages," The Neurolaw Letter, Vol. 9, No. 8, April 2000, pp. 45, 48-49.
Author, "Jury Verdicts and the Dollar Value of Human Life," Journal of Forensic Economics,
13(2), 2000, pp. 169-188.
Author, "Hedonic Damages," Izabela Z. Schultz, Douglas O. Brady, Steven Carella, Eds.,
Psychological Injuries at Trial, Torts Section, American Bar Association, 2003.
Contributor, "Determining Economic Damages," Gerald D. Martin, James Publishing Inc.,
current year & previous years' editions.
Contributor, "Economic Foundations of Injury and Death Damages," Roger T. Kaufman, James
D. Rodgers, Gerald D. Martin, Edward Elgar Publishing, Inc., 2005.
Author, "Don't Overlook the Loss of Expanded Family Services," Trial, Vol. 42, No. 3, "Good
Counsel" Column, March 2006, pg. 73.
____________________________________
Originator of Stocks, Bonds, Bills, and Inflation (SBBI) Yearbook and Companion, Services
published by Ibbotson Associates. SBBI is the authoritative compendium of U. S. financial
and investment performance data from 1926 to the present. SBBI is widely relied upon and
regarded as the standard reference in courts of law and by the academic, actuarial and
investment community.
PROFILES:
5
SE G
Chicago Reader, Section 1 feature article with photo;
Like Judgment Day: The Ruin and Redemption of A Town Called Rosewood, D'Orso,
Michael, 1996, Pg. 237.
NATIONAL PRESENTATIONS:
Arizona: Brain Injury Association 13th Annual Conference for Attorneys, Phoenix, September
16, 1999;
California: American Bar Assn. Annual Meeting, San Francisco, August 10, 1992;
California: American Trial Lawyers Association 2005 Winter Convention, "Making Tangible the
Intangible: Replacement Household/Family Services", Palm Springs, January 29, 2005;
Canada: Association of Trial Lawyers of America Annual Meeting, Economic Damages,
Toronto, 1991;
District of Columbia: Larry King Live, Washington, May 22, 1989;
District of Columbia: National Institute for Trial Advocacy (NITA), Seventh Annual Washington
DC Masters Advocacy Program, "Direct and Cross Examination of an Economic Witness,"
Washington, October 15, 1991;
District of Columbia: National Assn. of Protection & Advocacy Systems, Inc., 19th Annual
Conference, "Assessment and Proof of Damages," Washington, May 30, 1996;
Florida: Association of Trial Lawyers of America 1992 Winter Convention, Boca Raton,
"Cutting Edge Developments in Economic Testimony," January 15, 1992;
Florida: Brain Injury Association 10th Anniversary Trial Lawyers Conference, Palm Beach,
September 19, 1996;
Florida: National Assn. of Consumer Advocates, 2003 NACA-FCRA Conference, Building on
Our Success, Panel of Experts,"What the Experts Have Learned, A View From the Witness
Box, " Orlando, March 9, 2003;
Georgia: National Academy of Economic Arbitrators Annual Meeting, Differences in Economic
Assumptions in Personal Injury Wage Calculations, Atlanta, December, 1989;
Georgia: National Assn. of Forensic Economics Annual Meeting, Value of Life, Atlanta,
December, 1989;
Hawaii: American Bar Assn. Annual Meeting in Honolulu, HI, Speaker and Expert Witness at
Mock Trial, Honolulu, August, 1989;
Idaho: Inner Circle of Advocates Annual Meeting, Sun Valley, August, 1989;
Illinois: University of Chicago 1982 Annual Management Conference on Venture Capital;
Louisiana: American Bar Assn., National Institute Transportation Megaconference, New
Orleans, March 5, 1993;
Louisiana: Defense Research Institute, Medical Malpractice Seminar, New Orleans, May 6,
1994;
Louisiana: Association of Trial Lawyers of America 2001 Winter Convention, Litigation at
Sunrise, "Measuring the Loss of Enjoyment of Life in Personal Injury Cases -- Hedonic
Damages Over the Last Ten Years," New Orleans, February 12, 2001;
Louisiana: National Assn. of Consumer Advocates, 2005 NACA-FCRA Conference, "Litigating
Accuracy Issues with Furnishers of Credit Data," Speaker on Economic Damages, New
Orleans, June 5, 2005;
Michigan: Northwest #255 Air Disaster Steering Committee Mtg, Detroit, June,1989;
6
SE G
REGIONAL PRESENTATIONS:
Hawaii: Western Trial Lawyers Assn. 1994 Annual Convention, "Making it Work-Trial Practice
in the 90's," Maui, June 16, 1994;
Illinois: GSA Seminar "Selling your Business", Chicago, October, 1987;
Louisiana: Southern Trial Lawyers Assn. Annual Meeting, New Orleans, 1988;
Louisiana: Southern Trial Lawyers Assn. 1996 Mardi Gras Conference, ATLA
Traumatic Brain Injury Litigation Group, "Economic Implication of a Closed Head Injury," New
Orleans, February 18, 1996;
Michigan: Advocacy Institute, Continuing Legal Education, 46th Annual Seminar, "Wrongful
Death of an Older Person," Ann Arbor, May 12, 1995;
Michigan: Lorman Education Services, "Direct Examination of Experts in a Traumatic Brain
Injury Case," Novi, August 21, 1997;
Michigan: Lorman Education Services, "Direct Examination of Experts in a Traumatic Brain
Injury Case," Livonia, August 26, 1998;
New York: Eastern Finance Assn. Special Session on Pension Fund Asset Reversions, 1985;
New York: American Reinsurance Company for Senior Claims Executives Annual Meeting,
August, 1989;
Ohio: Anderson Publishing Co., Proof of Economic Damages Seminar, Cincinnati, November 2,
1990.
STATEWIDE PRESENTATIONS:
California: Arizona State Bar Fourth Annual "CLE By The Sea," San Diego, July 22-23, 1994;
Connecticut Trial Lawyer Assn., "All About Experts," Hartford, November 21,1992;
Florida State Bar Assn., National Institute of Trial Advocacy (NITA), Advanced Trial Advocacy
Seminar, Speaker and Expert Witness at Mock trial on Economic Damages, Gainesville, May
14, 1991;
Georgia Brain Injury Association & Institute of Continuing Legal Education in Georgia,
"Hedonic Damages: Proving Loss of Enjoyment of Life in Non-Fatal Injury Cases," Atlanta,
March 29, 2002;
Idaho Trial Lawyers Assn. Annual Meeting, Twin Falls, February 23, 1996;
7
SE G
Illinois State Bar Assn. CLE Series, April, 1989;
Illinois: Insurance Group of the Union League Club of Chicago, "Toward A More Rational
Approach to Liability Judgments," Chicago, March 19, 1991;
Indiana State Bar Assn. Annual Meeting, October, 1989;
Indiana Trial Lawyers Assn. Annual Meeting, November 30, 1990;
Indiana State Bar Assn. "Masters in Trial" Spring Meeting, South Bend, April 18, 1997;
Iowa Trial Lawyers Assn. Annual Meeting, Des Moines, November 5, 1993;
Kentucky Academy of Trial Attorneys Damages Seminar, Louisville, August 18,1995;
Louisiana Trial Lawyer Assn., Baton Rouge, "Winning with Experts" Seminar, November 10,
1989;
Louisiana Trial Lawyer Assn., "Winning With the Masters" Seminar, New Orleans, November
21, 1995;
Louisiana Trial Lawyer Assn., "Winning With the Masters" Seminar, New Orleans, December
10, 1997;
Massachusetts Trial Lawyers Assn., "Learn From the Experts," Boston, October 9, 1992;
Massachusetts Trial Lawyers Assn. Annual Mtg, Boston, October 29, 1993;
Michigan Trial Lawyers Assn. Annual Mtg, Wrongful Death Damages, May, 1990;
Michigan Head Injury Alliance Fifth Annual Seminar on Closed Head Injury, Detroit, March 24,
1994;
Michigan Head Injury Alliance Sixth Annual Seminar on Closed Head Injury, Detroit, March 23,
1995;
Michigan Head Injury Alliance Seventh Annual Seminar on Closed Head Injury, Detroit, March
28, 1996;
Michigan Head Injury Alliance Eighth Annual Seminar on Closed Head Injury, Detroit, March
27, 1997;
Michigan, Institute of Continuing Legal Education, "The Name of the Game is Damages--
Plaintiff and Defense Strategies in Negligence and Employment Cases," Troy, July 20, 2000;
Michigan Trial Lawyers Assn. Winter Seminar, "Hedonic Damages and Other Special Economic
Issues," Gaylord, February 24, 2001;
Michigan Trial Lawyers Assn. 13th Annual Seminar in the Snow, Litigation Strategies and
Techniques, "Loss of Society and Household Companionship and Advisory Services,"
Bellaire, February 22, 2003;
Mississippi Trial Lawyers Assn. Annual Convention, "Shooting Stars Seminar," Biloxi, May 19,
1995;
Mississippi Trial Lawyers Assn. Annual Convention, "Taking Your Recovery to the Next Level:
Hedonic Damages," Biloxi, May 10, 2001;
Mississippi: Arkansas Trial Lawyer Assn. "Maximizing Damages in the Personal Injury Case,"
Tunica, MS, October 24, 2003;
Missouri: Kansas Trial Lawyers Assn. Annual Meeting, Kansas City, December 8, 1990;
Missouri State Bar Annual Meeting, Kansas City, September 19, 1996;
Missouri State Bar CLE Seminar, Proving Damages in Catastrophic Injury Cases, "Hedonic
Damages after September 11th and An Economist's View on Proving Economic Damages,"
Kansas City, April 19, 2002;
Missouri State Bar CLE Seminar, Proving Damages in Catastrophic Injury Cases, "Hedonic
Damages after September 11th and An Economist's View on Proving Economic Damages,"
St. Louis, May 9, 2002;
8
SE G
Montana Trial Lawyer Association Fourth Annual Convention, "Proving The Intangible
(Hedonic) Value of Human Life," Whitefish, July 23, 1993;
Montana Trial Lawyer Association Seventh Annual Convention, Seminar of the Masters, Polson,
August 1, 1996;
Montana Trial Lawyer Association Spring Seminar, Scientific Evidence, "Making Tangible the
Intangible: Loss of Enjoyment of Life, and Society & Companionship Damages," Billings,
April 25, 2003;
Nevada: Required Medical and Legal Education for the Traumatic Brain Injury Case, "9/11
Victim Compensation Fund Hedonic Damages: Implications for the State of Nevada," Las
Vegas, October 25, 2002;
New Hampshire Trial Lawyer Association, "Secrets & Strategies of Trial Law," Concord,
October 8, 1993;
New Mexico Trial Lawyers Association Annual Meeting, Economic Damages, Santa Fe,
June 22, 1991;
New Mexico Trial Lawyers Foundation Damages Seminar, Albuquerque, October 11, 1996;
North Carolina, Brain Injury Assn. of NC, First Annual Trial Lawyers Conference, "The Use of
Expert Testimony in Brain Injury Litigation," Charlotte, January 26, 1996;
North Carolina, Brain Injury Assn. of NC, Second Annual Trial Lawyers Conference, "The Loss
of Enjoyment of Life in Personal Injury - Hedonic Damages," Charlotte, January 24, 1997;
North Dakota Trial Lawyers Assn, Annual Meeting Trial Practice Seminar, Fargo, May 4, 1995;
Ohio Assn. of Trial Lawyers Annual Meeting, Speaker and Expert Witness at Mock Trial on
Wrongful Death Damages, Toledo, April, 1990;
Ohio Head Injury Association, "Representing the Survivor of Mild Head Injury," Annual
Seminar, Columbus, June 3, 1994;
Pennsylvania: Philadelphia Trial Lawyers Association CLE Lecture Series, March
17, 1993;
South Dakota Trial Lawyers Assn. Spring Seminar, April, 1989;
Texas Trial Lawyers Assn., Medical Malpractice Seminar, Wrongful Death Damages, Houston,
May, 1990;
Washington State Trial Lawyers Annual Meeting & Convention, Stevenson, July 11, 1998;
Wisconsin Assn. of Trial Lawyers Annual Mtg, Wrongful Death Damages, Door County, July,
1990;
Wisconsin Brain Injury 2nd Annual Seminar, "Identifying and Understanding Traumatic Brain
Injury," Green Lake, May 31, 1997.
LOCAL PRESENTATIONS:
9
SE G
Illinois: DuPage County, Bar Assn., Chicago, May, 1989;
Illinois: Sangamon County Trial Lawyers Assn., Springfield, May, 1989;
Illinois: McHenry County Bar Assn., Chicago, May, 1989;
Illinois: Chicago Bar Assn. Wrongful Death Seminar, Wrongful Death Damages, February,
1990;
Illinois: Chicago Bar Assn. Torts Seminar, Defense Perspectives on Economic Damages,
January 21, 1991;
Illinois: Chicago Bar Assn., Wrongful Death Seminar, February 11, 1993;
Illinois: Chicago Bar Assn. Effective Direct and Cross-Examination of Expert Witnesses - A
Demonstration, January 9, 1995;
Illinois: Interstate National Corporation, "Cutting Edge Developments on Economic Damages -
Defense Perspectives",Chicago, August 2, 1995;
Illinois: Interstate National Corporation, "Cutting Edge Developments on Economic Damages -
Defense Perspectives", Chicago, September 2, 1997;
Illinois: Cassiday Schade & Gloor, "Catastrophic Damages...They're Back! - Limiting Damages
After the Invalidation of Tort Reform," Chicago, November 18, 1998;
Michigan: American Radio Network, WFOX, Detroit, January, 1989;
Michigan: Oakland County Bar Association Negligence Committee, Bloomfield Hills,
November 5, 1996;
Ohio: Hamilton County, Bar Assn. Seminar on Economic Damages, Cincinnati, January 31,
1991;
Law Bulletin Publishing Company, Legal Career Day, Economic Outlook for Lawyer
Employment, April 13, 2004.
TELEVISION/VIDEO PRESENTATIONS
PERSONAL BACKGROUND:
10
Exhibit B
August 2, 2007
Richards v. Marine
Circuit Court of Tenth Judicial Circuit, Peoria County, Illinois
No. 03-L-34
Law Firm= Presbrey & Assoc., Aurora, IL
06-20-2007
Justice v. Rios
Circuit Court of Twelfth Judicial Circuit, Will County, IL
No. 02 L 239
Law Firm= Krockey Cernugel Cowgill Clark & Pyles
05-17-2007
Justice v. Rios
Circuit Court of Twelfth Judicial Circuit, Will County, IL
No. 02 L 239
Law Firm= Krockey Cernugel Cowgill Clark & Pyles
04-12-2007
Rivera v. Orduna
19th Judicial Circuit, In and for Martin County, Florida
Case No: 05-367-CA
Law Firm=Ricci Leopold, Palm Beach Gardens, FL
03-20-2007
AAA American Credit Bureau, Inc. & LeFebvre v. Experian Information Solutions,
Inc.,
American Arbitration Association
Case No. 73 181 Y 00011 05JRJ
Law Firm= Gammage & Burnham; Phoenix, AZ
01-20-2007
Federal Tort Claims Act (FTCA) - Claim of Michael Wells, Estate of Wells
No. 04-302-T014
Law Firm= Pirkle Law Offices; Hinesville, GA
TT: 09-13-2006 at Settlement Conference
Hicks v. McKenzie
Circuit Court of St. Louis County, State of Missouri
Cause No. 05CC-003866
Law Firm= Walker Law Office; Granite City, IL
08-01-2006
In Re. Ephedra Products Liability Action; In Re. Twin Labs Personal Injury
Actions
U. S. District Court, Southern District of New York
04 CV 05403 (Huebner) & 04 M.D. No. 1598 (JSR)
Law Firm= Wagstaff & Cartmell; Kansas City, MO
07-26-2006
Torno v. 2SI, LLC, a South Carolina corporation and AMW Cuyuna Engine Co.,
Inc., et al.
U.S. District Court, Eastern District of Michigan, Southern Division
Case No. 03-74091
Law Firm= Sommers Schwartz Silver & Schwartz; Southfield, MI
07-19-2006
Campbell v. Kunz
Fourth Judicial District Court in and for Utah County, State of Utah
Civil No. 040401275
Law Firm= Prince Yeates & Geldzahler; Salt Lake City, UT
06-19-2006
Torno v. 2SI, LLC, a South Carolina corporation and AMW Cuyuna Engine Co.,
Inc., et al.
U.S. District Court, Eastern District of Michigan, Southern Division
Case No. 03-74091
Law Firm= Sommers Schwartz Silver & Schwartz; Southfield, MI
06-13-2006
Jindra v. McMann
Circuit Court of Cook County, Illinois, County Department, Law Division
No. 04 L 6384
Law Firm= Cogan & McNabola; Chicago, IL
05-18-2006
Postl v. Polakowski
State of Michigan in the Circuit Court for the County of Livingston
Case No. 05-21286 NI
Law Firm= Lewis Law Office; Howell, MI
04-11-2006
Connie L. Hunt and Erica Hunt v. Kaufman & Broad of Nevada, Inc., et al.
District Court, Clark County, Nevada
Case No. A428034, Dept. No. XI
Law Firm= Lovell & Lovell; Las Vegas, NV
04-10-2006
Jazmyn P. Barnes, a minor, & Guardian Jessica Wilson v. Thurber and Whistle
Redi-Mix
Case No. CV105-686CC
Law Firm= Baum & Hedlund; Los Angeles, CA
03-23-2006
Hicks v. McKenzie
Circuit Court of St. Louis County, State of Missouri
Cause No. 05CC-003866
Law Firm= Walker Law Office; Granite City, IL
03-17-2006
Mader-Cauble v. Shields
Eighteenth Judicial District, District Court, Sedgwick County, Kansas, Civil
Department
Case No. 04 CV 5086
Law Firm= Hodge & Associates; Wichita, KS
01-18-2006
Sherry Sircher v. SSM Health Care d/b/a St. Francis Hospital and Health
Center.
County of Cook in the Circuit Court of Cook County, Illinois, County
Department - Law Division
Case No. 03 L 2846
Law Firm= Cogan & McNabola; Chicago, IL
12-28-2005
Dedivanovic v. A.C.I.A.
State of Michigan in the Circuit Court for the County of Wayne
Civil Action No. 03-313949-CK
Law Firm= Dailey & Stearn; Farmington Hills, MI
12-15-2005 at Arbitration by Report
Malaker v. Helfrich
State of Illinois in the Circuit Court of the 15th Judicial Circuit, County of
Ogel
Case No. 2002 L 27
Law Firm= Rouleau Law Office; Rockford, IL
11-21-2005
McCloud by her legal guardian Hall, et al. v. Goodyear Dunlop Tires North
American, Ltd, et al.
U.S. District Court, Central District of Illinois
Case No. 04-1118
Law Firm= James Totta & Parrish; Lee's Summit, MO
08-08-2005
Wilbert v. Dewyer
State of Michigan in the Circuit Court for the County of Grand Traverse
File No. 03-22610-NI
Law Firm= Smith & Johnson; Traverse City, MI
06-28-2005 by report
Magic Kitchen, Ursala Kaiser & Kitchen Connection, Inc. v. Good Things Int'l
Ltd, et al.
Superior Court of California, County of Los Angeles, Central District
Case No. BC 288124
Law Firm= Pizzulli Law Office; Santa Monica, CA
06-16-2005
Eliopoulos v. Dr. Steven Sholl and Godmann Fishman & Weinberg M.D. &
Associates
Circuit Court of Cook County, Illinois, County Department, Law Division
No. 95 L 09040
Law Firm= Cogan & McNabola; Chicago, IL
06-14-2005
Brothers v. Salvati
Supreme Court of the State of New York, County of Suffolk
Index No. 03-23758
Law Firm= Samuelson Hause & Samuelson; Garden City, NY
06-09-2005
Einersen v. Flores
Circuit Court of Cook County, Illinois, County Department, Law Division
No. 01 L 11579
Law Firm= Cooney & Conway; Chicago, IL
04-18-2005
McGriff v. Heigerick, et al
Superior Court of Gwinnet County, State of Georgia
Civil Action, File Number 02-A-13801-4
Law Firm= Devlin & Robinson; Atlanta, GA
01-16-2004
10-27-2004
Krska v. Penn
Circuit Court of Cook County, Illinois, County Department, Law Division
Case No. 02 L 8915
Law Firm= Cetina & Jacques; Oakbrook Terrace, IL
09-28-2004
Johnson/Haynes v. USA
U.S. District Court, Western District of Texas, El Paso Division
Civil No. EP-02-CA-0580
Law Firm= U.S. Department of Justice; San Antonio, TX
08-13-2004
Jajn, Inc., d/b/a Highland Pub, & Juarez v. Illinois Casualty Company
Circuit Court of Cook County, Illinois, County Department, Law Division
No. 02 L 012234
Law Firm= Dolan & Shannon; Chicago, IL
07-26-2004
Smarinsky v. Bravos
Circuit Court of Cook County, Illinois, County Department, Law Division
No. 02 L 015813
Law Firm= Touhy & Associates; Chicago, IL
07-07-2004
Miller v. Dr. Anita L. Aebersold
Circuit Court of Pulaski County, Arkansas, Sixth Division
CV 2003-11294
Law Firm= O'Neil & Fitzhugh; N. Little Rock, AR
07-07-2004
Mary Beth McErlean for Estate of Victim John Thomas McErlean, Jr.
U.S. Department of Justice, September 11th Victim Compensation Fund
Claim No.212-005663
Law Firm= Piper Rudnick; New York, NY
04-26-2004
McIntire v. Shalabi
Circuit Court of the Twelfth Judicial Circuit, Will County, Illinois
No. 99 AR 665
Law Firm= Butcher Law Office; Homewood, IL
01-19-2004
Magic Kitchen, Ursala Kaiser & Kitchen Connection, Inc. v. Good Things Int'l
Ltd, et al.
Superior Court of California, County of Los Angeles, Central District
Case No. BC 288124
Law Firm= Pizzulli Law Office; Santa Monica, CA
01-06-2004
Bunnell v. Bellows
State of Michigan in the Circuit Court for the County of Livingston
Case No. 02-19487 NI
Law Firm= Lewis Law Office; Howell, MI
11-13-2003
Gillespie v. Cler
Circuit Court of the Eighteenth Judicial Circuit, DuPage County
No. 01 L 00305
Law Firm= Eichler & Associates; Chicago, IL
11-12-2003
Pap v. Corrigan
Circuit Court of Cook County, Illinois
No. 00 L 7401
Law Firm= Jawor Law Firm; Bolingbrook, IL
09-25-2003
Giordano v. Brock
Superior Court of New Jersey, Law Division - Monmouth County
Docket No. MON-L-4102-01
Law Firm= Hanna & Anderson; Wall, NJ
08-15-2003
PURPOSE: We promise to deliver top-notch economic and financial analysis, testimony, problem
solving and creativity.
QUALITY: We will provide only Premier Quality services. When and only when Premier Quality
services have been rendered, we will charge a fair fee for what we have provided.
You must be satisfied with our services or you do not owe a fee.
HONOR: As a corporate citizen, we will act in the community with the highest moral principles
that we expect others to follow.
SUCCESS: We know that your success and our success depend entirely upon our integrity.
CLIENTS: We will treat each client as if our entire firm depends upon that client's highest degree
of satisfaction with our services.
STAFF: We recognize each staff member as a business partner in spirit. Our firm's success in
great part depends upon each member's satisfaction with his or her job.
SELF: We recognize that our work is a part of our life and each of us takes responsibility to
take care of our whole life, at work and elsewhere.
1165 N. Clark Street ■ Suite 600 ■ Chicago, IL 60610 ■ Fax 312-943-1016 ■ Tel 312-943-1551
www.-SmithEconomics.com
SEG
1. We commit to provide you our services on the most efficient and predictable basis possible.
2. We commonly charge a flat fee for most analysis: tangible or intangible loss evaluations and the
accompanying services are charged at a set fee of $2,965. Combined analyses are $3,965. Fees
for complex and commercial litigation cases can range substantially higher.
3. There are no further charges, except for hourly rates deposition or trial testimony, and certain
work as detailed under "Hourly Rates"
4. Deposition and trial testimony are typically $295 per hour with no minimum. Complex
commercial litigation rates can range to $450 an hour.
5. Travel expenses are incurred at the most economical, yet refundable rates.
6. The deposit/retainer on most matters is $1,250 and is refundable, if work has not commenced, less
an expert witness reservation fee of $625. Complex and commercial litigation matters may
involve a more substantial retainer.
7. You must be satisfied with our services (independent of the outcome of your case) or you do not
owe a fee.
REPRESENTATION: Smith Economics Group, Ltd. (SEG), through its principal consultant, Stan V.
Smith, and its employees and associated consultants, represents and provides consultation to attorneys to
resolve matters involving economics and finance. Attorneys are our clients. We look solely to them for
retention, the extent and duration of involvement and payment. Each matter involves separate engagement,
accounting, and billing.
We commit to provide you our services on the most efficient and predictable basis possible so that you can
control your costs. Knowing costs in advance can assist you in expense planning and in your agreement
with your clients. We are pleased to work within your time and budget limitations.
SERVICES: SEG provides consultation and related research, evaluations and testimony on various
financial and economic matters. We are able to provide appraisals with regard to both economic value and
loss. We will participate to the extent counsel determines in the preparation of evaluations, pre-trial
evaluations and consultation; expert testimony for arbitration and mediation proceedings; trials and other
related proceedings in advanced stages; and appeal reviews. Through associated experts in other specialties,
we cover a broad diversity of business and events in commercial and personal injury litigation.
ENGAGEMENT: We serve law firms under written agreement on matters specifically designated.
Engagements and work product with regard to a specified issue may not be transferred to another similar or
related matter, whether or not involving the same client of the law firm, without our prior consent.
EVALUATION FEES: We charge a flat fee for most analysis, which includes time expended in
preliminary interview, data gathering, analysis, loss evaluation preparation and review. The fixed charges
for these services, including the evaluation, reflect an approximate equivalent hourly billing rate for the
services. Unless mutually agreed upon in advance, there are no further charges, except for deposition or trial
testimony, and any additional work as detailed under "Hourly Rates" below.
Loss evaluations and the services described above are provided for each business unit or person involved in
a matter. Generally, services and evaluations for all tangible losses such as lost earnings and benefits,
medical costs, etc., are $2,965; loss evaluations and services for all intangible (so-called hedonic) losses in
injury or death, including loss of society and companionship, are also $2,965; services and evaluations
reflecting both tangible and intangible losses in combination are $3,965. We charge the same rates whether
working for the plaintiff or defense. While rare, if complexity arising in estimating losses involves any
additional cost, you will be notified in advance. Complex commercial litigation fees are charged on an
hourly basis which can range up to $450 per hour.
The "EVALUATION FEES" described above are fixed. Hourly charges are billed conservatively in six-
minute increments (one-tenth of an hour).
There shall be no charges for personnel other than Stan V. Smith unless mutually agreed to in advance.
Since engagements frequently involve matters that extend over many months or years, we reserve the right
to update your fee schedule to reflect new rates than charged to those entering into new engagements.
We agree to expend time in connection with efforts on your behalf in the most efficient manner possible.
EXPENSES: Out-of-pocket expenses such as airfares, lodging and taxicabs while traveling under your
instructions, as well as air couriers, local messengers and the like are billed at cost. These expenses are
incurred at the most economical, yet refundable rates. We do not charge for normal administrative or
secretarial services.
ESTIMATES: We will be pleased to provide written or oral estimates on specific matters. Costs, of
course, range depending on many variables, including the quality of data input from counsel and other
complexities.
BILLING: Payment shall be due within thirty days of the invoice date unless otherwise arranged.
REVIEW: Upon review of each billing matter, we may conclude, at our own discretion and after taking all
factors into consideration that, a reduction in charges is fair and appropriate for the service rendered.
PERSONNEL: Where required, but only with your consent, we will commit to provide services of other
designated individuals in our firm. Rates for other personnel range to as low as $50 per hour for
CONTINGENCY BILLINGS: We firmly adhere to provisions of the Supreme Court of Illinois Rules
of Professional Responsibility. Rule 3.3 (a) (15) thereof states:
"Evidence-Witnesses ...(c) a lawyer shall not pay...compensation to a witness upon the content of his
testimony or the outcome of the case.
Further, our fees are not contingent upon any rulings regarding the admissibility of testimony.
YOUR FIRM IS OUR CLIENT AND WE LOOK SOLELY TO YOU FOR PAYMENT IN FULL
ON A TIMELY BASIS IRRESPECTIVE OF THE RECEIPT OF FUNDS FROM YOUR
CLIENTS OR THE OUTCOME OF THE CASE.
LATE CHARGES: We expect payment in full within thirty days of our statement date. We can
accommodate reasonable delays or alternatives upon request to meet your cash flow requirements when
advised in advance. To be fair to those who pay promptly, SEG reserves the right to accrue and charge
interest at the rate of 1.5% per month commencing thirty days after the statement date, and to assess a
one-time account reinstatement fee equal to the greater of 5% of the amount outstanding or $50, after
ninety days following the statement date.
TERMINATION: SEG shall suspend or cease to perform further work on any given matter at your
request. SEG reserves the right to bring work to a completed stage and terminate, or to immediately
terminate for cause at any time work on your behalf.
----------------------------------------
03/01/2007