research grants & donations

[splendidsplinte]

What is the name of your state (only U.S. law)? U.S.

Is there an easy was to research records other than filing a freedom of information act petition to learn what corporations have made major donations to universities to fund research projects (both dollars and the donation of equipment)?

Likewise, can one find a deeper connection of professors and department heads who have patents, contracts and intellectual property with a company?

How would any such connection with serious financial implications effect one's status as an expert witness? Would it taint them only through comment and the belief of a juror? Or could it make them an unreliable witness to the point that their opinion would not even be included when it comes to a case that does not involve them or their creation directly (only as a scientific expert about a product he did not design for a corporation he has deep financial ties to)?

 

[Humusluvr]

What is the name of your state (only U.S. law)? U.S.

Is there an easy was to research records other than filing a freedom of information act petition to learn what corporations have made major donations to universities to fund research projects (both dollars and the donation of equipment)?

Likewise, can one find a deeper connection of professors and department heads who have patents, contracts and intellectual property with a company?

How would any such connection with serious financial implications effect one's status as an expert witness? Would it taint them only through comment and the belief of a juror? Or could it make them an unreliable witness to the point that their opinion would not even be included when it comes to a case that does not involve them or their creation directly (only as a scientific expert about a product he did not design for a corporation he has deep financial ties to)?

What state?

You could sift through the university donor information, which should all be public knowledge, and a Google search of the professor's CV should provide more info.

If the professor is testifying as an expert witness, the attorney CERTAINLY should question their motives. There have been many documented cases of conflict of interest on expert witnesses, and a good attorney would address that.

There are certainly a lot of avenues to research people online. You might consider a private investigator.

 

[FlyingRon]

The federal FOIA wouldn't apply to a college.
There is no state called US, though many US states have public record laws that may mandate certain disclosures. Those still would not apply to private institutions. I know of no reason why a college should voluntarily provide information on their donors. There's no obligation even for state schools to do so.

If you're trying to challenge a specific expert witness, then as the previous poster said, you'll have to investigate his credentials. Even if you were suing GM and GM made a billion dollar contribution to the University that wouldn't mean much with regard to disqualifying an individual researcher. You'd have to show specific ties. The better way to do this would be through proper discovery rather than trying to fish through public records.

Do you have a lawyer? What are the real issues here?

 

[Humusluvr]

The federal FOIA wouldn't apply to a college.
There is no state called US, though many US states have public record laws that may mandate certain disclosures. Those still would not apply to private institutions. I know of no reason why a college should voluntarily provide information on their donors. There's no obligation even for state schools to do so.

If you're trying to challenge a specific expert witness, then as the previous poster said, you'll have to investigate his credentials. Even if you were suing GM and GM made a billion dollar contribution to the University that wouldn't mean much with regard to disqualifying an individual researcher. You'd have to show specific ties. The better way to do this would be through proper discovery rather than trying to fish through public records.

Do you have a lawyer? What are the real issues here?

I think, from what I read, that the OP is looking to disqualify one CERTAIN witness for having ties to a university that is taking money from a donor. I could be wrong, because the details of the case are not clear from this short post.

It would be interesting to know what the case really is. I work in a university, and I certainly see conflicts of interest and money exchanging hands all the time!

 

[ecmst12]

OP is in California and his case has already been dismissed:
https://forum.freeadvice.com/civil-litigation-46/response-ruling-summary-judgement-577437.html

 

[Humusluvr]

OP is in California and his case has already been dismissed:
https://forum.freeadvice.com/civil-litigation-46/response-ruling-summary-judgement-577437.html

Thanks for the link.

OP, there is no way YOU personally will be able to prove what it sounds like you are trying to prove. You need a lawyer, and in all likelihood, you won't be able to do what you want. You won't prove conflict of interest to discredit an expert witness from a previous trial that you already lost.

And I'm not sure why you put this in ed law. This is BLATANTLY not ed law.

 

[splendidsplinte]

I know, I know, get a lawyer. One thing I've found is even if you have a turd sandwich for a case, it helps if you can find some silver lining to help convince a lawyer to take the case.

I also found my first lawyer to be lazy (she told me to resist my natural temptation to play reporter, which I did until she cut and ran, leaving me nothing other than 3 boxes of papers and no details about the contents or what she had done or I might want to do).

The instruction manual for the failed femur plate (that she requested or pulled off line) was for the wrong part. She also seems to have done ZERO when it comes to asking the metal expert for documents or information he could use or providing anything other than ordering the 501k - not noticing that the hardness line was left blank on the 501k, a critical area my metal expert found of interest. Please let me know if any of the first lawyer's actions merit some sort of ethics complaint with the bar or something like that.

She also spent no time (or didn't admit to any) looking at other cases involving this company - how many other femur plates by this company had failed. Or that this company was up for federal indictment for putting parts in humans before they were approved. Throw in the latest FDA whistleblowers coming out about pressure to both fast-track the approval bosses and not sweat questionable issues with the products coming from their bosses who you have to imagine were applying that pressure either because of their relations with certain manufacturers or the relations that some companies had with the elected officials who nominate or vote for the for the FDA leadership or as we learn from Jack Abromoff the lobbiest do favors for the people with promises of future employment. I've also seen the way many of the regional salesmen both for the company and its competitors feel above their heavy-handed practices.

For those who know or can give advice or asked questions. The case is in California. The universities I wish to look into (even if there is no legal grounds to protest) are UC Berkeley, UCSF and U Mississippi. If anyone has a good source (a step deeper than google) where one can look into University donors in both money and equipment to universities or to certain departments or professors research labs, please share. Thanks.

 

[Humusluvr]

I know, I know, get a lawyer. One thing I've found is even if you have a turd sandwich for a case, it helps if you can find some silver lining to help convince a lawyer to take the case.

This isn't some conspiracy against you. Lawyers know how to make a case, they know what evidence to present, and they know about expert witnesses. You will ALWAYS look back and think "there's something I could have done differently." But that's LIFE.

I also found my first lawyer to be lazy (she told me to resist my natural temptation to play reporter, which I did until she cut and ran, leaving me nothing other than 3 boxes of papers and no details about the contents or what she had done or I might want to do).

It sounds, from her perspective, that you were hyper-involved and may have been damaging to your case. Do you understand how she might see it that way?

The instruction manual for the failed femur plate (that she requested or pulled off line) was for the wrong part. She also seems to have done ZERO when it comes to asking the metal expert for documents or information he could use or providing anything other than ordering the 501k - not noticing that the hardness line was left blank on the 501k, a critical area my metal expert found of interest. Please let me know if any of the first lawyer's actions merit some sort of ethics complaint with the bar or something like that.

You are ALWAYS free to make a complaint. But, that will take a lot of time and effort on your part, and may net you no result. That's your choice about whether to dwell, or move on.

She also spent no time (or didn't admit to any) looking at other cases involving this company - how many other femur plates by this company had failed. Or that this company was up for federal indictment for putting parts in humans before they were approved. Throw in the latest FDA whistleblowers coming out about pressure to both fast-track the approval bosses and not sweat questionable issues with the products coming from their bosses who you have to imagine were applying that pressure either because of their relations with certain manufacturers or the relations that some companies had with the elected officials who nominate or vote for the for the FDA leadership or as we learn from Jack Abromoff the lobbiest do favors for the people with promises of future employment. I've also seen the way many of the regional salesmen both for the company and its competitors feel above their heavy-handed practices.

This is really conspiracy-theorist of you, and won't help your case.

For those who know or can give advice or asked questions. The case is in California. The universities I wish to look into (even if there is no legal grounds to protest) are UC Berkeley, UCSF and U Mississippi. If anyone has a good source (a step deeper than google) where one can look into University donors in both money and equipment to universities or to certain departments or professors research labs, please share. Thanks.

You would need to view their NIH or NSF grant applications. You could contact either agency and see how you view those apps. I don't know that you can, but they are federally funded, so the grants may be public information.

You could also contact the donor relations department for the schools, but they likely won't give info to someone looking to hurt one of their funders.

What are you hoping to get out of this? A new trial?