Nicole Liska

I am a Principal at Fulcrum Inquiry, an accounting and economic consulting firm that performs damage analysis for commercial litigation, forensic accountings, financial investigations, and business valuations. I hold an ABD and MA in economics from the University of California, San Diego. I perform damages analyses and serve as a damages expert witness. My resume is on Fulcrum's website.

Most commented posts

  1. Congress’ procrastination means a delayed 2010 federal tax refund — 4 comments
  2. Beware Of Poll Results — 4 comments
  3. It’s Good to be Under 40… — 2 comments
  4. What statistics can tell us about the ditching of L.A.’s “Gold Card Desk” — 2 comments
  5. The Real Deal Behind Congress’ Pay — 2 comments

Author's posts

States Continue to Search for Ways to Save on Judicial Resources

Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved.  The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle.  Florida recently passed a Proposal for Settlement Statute related to …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/

Statistical Sophistication Would Have Provided a Different Liability Answer

Economists and other financial experts are often hired to assess damages, assuming liability.  However liability can sometimes be established or disproven based on statistics. For example, in a recently affirmed case involving employment discrimination, the application of a simple method failed to provide the Court with information that would likely have changed their decision.  The …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/statistical-sophistication-would-have-provided-a-different-liability-answer/

Medical Diagnostic Errors are the Primary Cause of Malpractice Claims

Based on a Johns Hopkins University study, a prior blog post provides some alarming statistics on surgical “never events” (a term used in the medical community to describe a preventable surgical event that is “never” supposed to occur) that actually do occur.  More recently from the same university, a study concluded the following: Of approximately …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/medical-diagnostic-errors-are-the-primary-cause-of-malpractice-claims/

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Lost Earnings Claim Getting Way More Press Than it Deserves

Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity.  However, it appears that neither of those are true.  From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine.  So, why …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/

Medical Device Manufacturers May be Fighting More Personal Injury Lawsuits in the Near Future

The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred common-law state claims that challenge the device’s saftey and effectiveness or whether it was being marketed consistent with FDA premarket approval.  Since this ruling, some …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/

Statute of Limitations Interpretation on Filing a Medical Malpractice Suit May Vary Even Within States

Many states have laws requiring patients to file medical malpractice claims by a defined time period.  If the patient misses the defined time period, he/she may see the claim quickly tossed.   However, a recent Wyoming Supreme Court reversed a malpractice ruling citing that the District Court Judge wrongly ruled that plaintiff failed to timely file …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/statute-of-limitations-interpretation-on-filing-a-medical-malpractice-suit-may-vary-even-within-states/

Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/

Law and Economics Unite for the Greater Good? In Theory, but Maybe Not in Practice.

A fifth U.S. Circuit Court of Appeals recently upheld Mississippi’s $1 million cap on what Plaintiffs can recover for pain and suffering (aka non-economic damages) in personal injury cases with pharmaceutical product liability.  The jury initially awarded Plaintiff, Ms. Learmonth, a total of $4 million for injuries suffered from a car crash with a Sears …

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Permanent link to this article: http://betweenthenumbers.net/2013/04/law-and-economics-unite-for-the-greater-good-in-theory-but-maybe-not-in-practice/

Lost Compensation Settlement Tool Allows You to Assess Economic Damages Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set.  However, the desire to minimize costs means that these experts are often employed after settlement efforts …

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Permanent link to this article: http://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/