Please join IRG/ISG and Shannon M. Warren, Esq. at the CLM Annual Conference in Dallas, TX (CLM INFO). On 3/20/2020 at 10:40 AM, Shannon, along with co-presenters Brian Eves of Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Timothy Tresierras of ARCCA, Inc. and Gregory Vacek of Chubb, will be presenting:
“Multiple Failures: The Difference between Science and Magic”
Multiple failures are quite common within the practice of failure analysis, whether there are two simultaneous failure conditions culminating in catastrophic failure or a cascade of failures set forth by a primary failure. Understanding the causality of failures and the division of responsibility among multiple parties is important to the management of claims, litigation, and subrogation. Equally important is the determination of the characterization of an alleged set of failures as negligent, accidental, and/or fraudulent.
This roundtable discussion will focus on alleged multiple failures and how they may fall into one of three general categories — the possible, the plausible, and “magic.” Focus will be placed on the allegations and hypotheses that defy science and engineering with the proposition of a mystery condition or highly improbably causation, which conveniently leaves no trace within the body of supportive evidence. The roundtable will discuss how to deal with an unqualified opposing expert or a peddler of junk science and how they often build their arguments on the layman’s intuition, which sounds correct, but to the trained professional is a house of cards.