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Defamation Defense: Is There a Third “Bite of the Apple” Available?

TASA ID: 2156

In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both.  The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement.  Therefore, if the statement is true, there is no basis for defamation.

The Thunder Rolls and Flights Delay

Why Thunderstorms Affect Air Travel

TASA ID: 9740

Approaching the Topic

It is eleven o’clock in the evening as a regional jet makes its approach to the runway at Chicago O’Hare International Airport. The 65-seat jet is just one of many planes in sequence to land. Suddenly, a call is heard over the radio as a Boeing 747 cargo plane aborts its approach to land and climbs to safety. A shift in wind has prevented the large jet from landing and has forced its crew to circle back for another try.

Meanwhile, the regional jet is beginning to rock aggressively, as it enters that same area of turbulence and windshear (rapidly changing wind speed and/or direction), which extends all the way to the runway. The small craft is thrown about as the pilots are forced to turn off the autopilot and fly the plane by hand.
After several minutes, the plane lands, just as another small jet (further back in line) gives up and climbs away. Within minutes, the airport is overtaken by an approaching thunderstorm, with alarms sounding and staff quickly moving passengers into tornado shelters. Eventually, the all clear is given and activities resume.

While the night eventually ended without incident or injury, it stands as a reminder of the power of thunderstorms and the threat they pose to humans on the ground and in the air.


Fitness Facility Operations

A Forensic Perspective

TASA ID: 16839

This article was recently published in the Int. J. Forensic Engineering, Vol. 2, No. 4, pp.286–292. Republished with permission.

Abstract: Fitness facilities provide a number of services to the public. Those services encompass how to train and create an overall healthy being. There are national standards and guidelines that fitness facilities must follow in order to keep their members safe. Some issues that large and small fitness facilities
have in common are the lack of knowledge regarding safe practices in the fitness industry. The purpose of this paper is to discuss safe operating procedures and establish an understanding of the industry standards and guidelines in an effort to decrease the incidence of injury or death. The authors will review the standard of care in fitness facility operations from a forensic perspective. This paper will also address frequent contributions to injuries in fitness facilities and provide recommendations regarding implementing safe
practices.

Download the PDF below to read more. 

Where It All Began: The Evolution of Franchising

TASA ID: 11532

There are references in American history to early business relationships which, while possibly not meeting the current FTC definition, were without a doubt, franchise/licensing relationships. These relationships existed in the selling of wares from town-to-town by peddlers, licenses granted for general stores at military outposts, and certain livestock sales and other goods in which exclusive territorial rights were granted to the "franchisees" by the holder of the rights. Unfortunately, while the relationships are mentioned in the literature, the names of these early franchise founders and the structure of the business arrangement are not. 

Throughout its long history, there have been four constants that have fueled the growth of franchising, the desire to expand, the lack of expansion capital, the need to overcome distance, and managing people from a distant location.

The use of franchising can be traced to the expansion of the church and as an early method of central government control, probably as far back as the Middle Ages. Some have written that it may indeed date back as far as the Roman Empire or earlier and given the necessity of large territorial controls, coupled with the lack of modern transportation and communication at the time, there is reasonable basis for this assumption.


100% Defense Verdict in Forklift Case

Reviewed by a Mechanical Engineering Expert Witness

TASA ID: 7934

About 10:30 am on the morning of 26 October 2007, Jose Avalos was delivering slabs of granite to a local installer.  The countertops were being loaned to the installer to be displayed at an open house barbeque for customers that was to take place later that day.  Mr. Avalos brought two A frames and between four and eight slabs of granite on a 20' flatbed gooseneck trailer.
 
Upon arrival, two of the installers employees proceeded to unload the truck.  One of them drove a Hyster forklift that had a custom boom attached to the forks and had a gravity clamp (Abaco Lifter) that hung down from the end of the boom.  The lifter was at the end of the boom. The setup is shown below:

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