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.
Nicole Liska
Author's posts
Jun 20
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/
Jun 17
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/06/statute-of-limitations-interpretation-on-filing-a-medical-malpractice-suit-may-vary-even-within-states/
May 30
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/
Apr 14
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/04/law-and-economics-unite-for-the-greater-good-in-theory-but-maybe-not-in-practice/
Mar 21
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/
Feb 26
Surgical “Never Events” Really do Happen
Many people that think they have suffered from medical malpractice fail to pursue and file a legal claim because of the challenges that lie ahead (e.g., legal fees, risk of the claim not succeeding, etc.). To be successful, a medical malpractice claim generally needs to prove that (i) the treating medical professional fell below the …
Permanent link to this article: https://betweenthenumbers.net/2013/02/surgical-never-events-really-do-happen/
Feb 16
A Career in Agriculture May be One of Your Better Choices
More economic data supports an increasingly talked about practical career choice: agriculture. Most students do not even consider the study of agriculture. Most schools/colleges do not even offer agriculture related courses even if one wanted to pursue this field of study. The government statistics on the topic reflect this unpopularity. The most recent available U.S. Department of Agriculture’s census …
Permanent link to this article: https://betweenthenumbers.net/2013/02/a-career-in-agriculture-may-be-one-of-your-better-choices/
Permanent link to this article: https://betweenthenumbers.net/2013/02/does-anyone-not-know-the-key-differences-between-ca-versus-tx-anyone/
Jan 29
Personal Injury Lawsuits Against NFL Will Increase if Junior Seau’s Family is Successful
With the SuperBowl coming up next weekend and many players suffering from some sort of injury sustained during the season, the recent wrongful death lawsuit filed by the family of former pro football star Junior Seau may be getting more media coverage than usual. Junior Seau retired from pro football in 2010 and committed suicide …
Permanent link to this article: https://betweenthenumbers.net/2013/01/personal-injury-lawsuits-against-nfl-will-increase-if-junior-seaus-family-is-successful/
Jan 24
How much money would Hulk Hogan make for the rest of his life?
If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which alleges, among other things, that the Laser Spine Clinic performed unnecessary surgeries on Hulk Hogan over an 18-month period. Hulk Hogan alleges these excessive …
Permanent link to this article: https://betweenthenumbers.net/2013/01/how-much-money-would-hulk-hogan-make-for-the-rest-of-his-life/
Feb 07
Does anyone NOT know the key differences between CA versus TX? Anyone…?
February 7, 2013
Both the business and residential climates in California versus Texas are long known to be diametrically opposed: one is a more progressive state advocating social justice at a “cost” of higher taxes and more regulations while the other espouses lower taxes and less regulations while advocating individual responsibility. Despite this well-known, long standing difference, Governor Perry of …
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