Expert Witness

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EXPERT WITNESS CONSULTING ON HIGH-PROFILE ENGINEERING PROJECTS

—— Dr. Miholits ponders on the type of literature research he needs to do as an expert witness
for an engineering incident (failure or accident) that is part of a litigation action.
He prepares the evidence base (both sides) for the attorney's Court arguments. ——


WHY DOES DR. MIHOLITS SPECIALIZE ON THE EXPERT WITNESS AREA?

Because he is a good literature researcher and has the ability to think in both directions.
He can anticipate an accident scenario (before the fact) and re-create the failure sequence of
events (after the fact). Thereby, he can give the legal profession the evidence they need.


SECTION 1
SYNOPSIS - EXPERT WITNESS

OBJECTIVE OF WEB PAGE 3 (Business Line 1 - Expert Witness Phase)

  • To describe the litigation support phase of Dr. Miholits' business, and

  • To show how his 25 years of experience solving high-profile problems enhances his ability to do litigation support and expert witness work.

DEFINITION: as defined herein, the consulting areas of BUSINESS LINE 1 includes: FORENSIC RESEARCH. LITIGATION SUPPORT AND EXPERT WITNESS SERVICES. This business line deals with situations where the undesirable event (an accident or a failure) has already occurred.

And in this case, the event is of a type which can have a significant litigation risk potential.

SERVICES PROVIDED IN BUSINESS LINE 1 - EXPERT WITNESS CONSULTANT

  • Dr. Miholits offers expert witness consulting services to: (1) legal firms and (2) engineering firms who provide expert witness services to these legal firms. This includes the litigation support services generally needed when engineering-type failures, accidents or other undesirable events/incidents occur at sensitive/high-profile engineering facilities. Also applies to non-sensitive and non-high-profile facilities.
    • The science and engineering problems that can result from these undesirable incidents include, but are not limited to: (1) effects on the environment; or (2) hazardous and toxic waste releases; or (3) structural failures; or (4) radiation exposures to people; or (5) various forms of nuclear fuel cycle consequences; or (6) some other undesirable consequence.
    • The above problems occur because of engineering-related failures, accidents or other incidents that can occur at research, manufacturing and/or other types of high-profile engineered facilities.
    •  Examples of these facilities are in Sections 2 and 3 of the  Litigation Support web-page. Please click on the hyperlink Litigation Support
    • These failure or accident events can be followed by a host of undesirable consequences that could lead to litigation actions. They include, but are not limited to: injuries, death, health effects, significant financial losses, et cetera.

    • The aforementioned expert witness consulting services include: (1) forensic research; (2) literature search, analysis and evaluations; (3) report preparations; (4) depositions; (5) testimony; and (6) other litigation support services.

    • He also offers expert witness services on engineering projects that are not normally classified as sensitive and high-profile (e.g., sanitary waste, worker safety).


SECTION 2
INTRODUCTION

Business Line 1 provides services in the areas of Forensic Research, Litigation Support and Expert Witness Services.  It is the primary function of EM² Engineering Consultants. This company is a sole proprietorship (one person) engineering consulting operation owned and operated by Dr. Ernest M. Miholits. He is a registered professional engineer in California with an engineering and science career which began in 1965.

Further details follow:

  • This project type is defined by the fact than an undesirable engineering or scientific incident has already occurred.
  • The project types addressed by Dr. Miholits are discussed on web page 2. Please click on the hyperlink Litigation Support 
  • The engineering projects listed on the Litigation Support web page all have a significant potential to result in legal issues.

SECTION 3
HIGH-PROFILE EXPERT WITNESS PROJECTS

  • Dr. Miholits target audience are those engineering and science consultants who have an active, strong and successful Client base in the area of Forensic Research, Litigation Support and Expert Witness Consulting. In reality, they are engineering firms who specialize in the Expert witness business. With his skills, he is certain that he could bring to this company a great deal of talent, most especially in the high-profile areas cited herein.

    • Dr. Miholits offers his services as a subcontractor to these Engineering Firms to assist them in their research, analysis and evaluations of the applicable literature. These services include: (1) special assistance on subjects out of their skill areas (but within his experience base); (2) a sophisticated analysis and evaluations of the literature in accordance with their needs; (3) special search skills; (4) work overloads; and (5) et cetera.

    • The Expert Witness Engineering Firms in-turn, are assumed to be already under contract with those attorneys who are engaged in litigation because of undesirable engineering incidents. These events are assumed to have already occurred on an engineering and/or science project.

    • He would serve as a Subcontractor and as such perform a great deal of the literature research, analysis and evaluations. In addition, he would provide inputs to the Expert Witness Reports.

    • He offers these services in the subject areas specified on his Litigation Support web-page. Typical engineering facilities are: water and wastewater treatment plants; nuclear power plants; nuclear fuel cycle facilities; etc. Please click on the hyperlink Litigation Support  
    • However, he can deal effectively with most engineering and science areas.
    • He defines an undesirable incident as: (1) civil (structural failures); (2) a hazardous waste release both in terms of quantity and the hazard of the chemical; (3) environmental and regulatory issues; (4) health & safety incidents; (5) nuclear issues (radioisotope releases and/or radiation exposures); and (6) et cetera.
  • What will I provide as a Subcontractor?
    • The ability to separate credible from non-credible literature.
    • The ability to do research, analysis and evaluations of a wide cross-section of science and engineering areas with a high-level of proficiency.
    • The ability to work with probabilities in the analysis and evaluation of information.
    • The ability to understand the strengths, weakness and limitation of the legal system.
  • What kind of work does Dr. Miholits do?
    • He obtains evidence for his Client to support the needs of the attorneys in the development of their legal strategy and arguments re: existing litigation.
    • He specializes in the high-profile engineering areas listed on the Litigation Support web page. These projects can result in civil, environmental, health/safety, radiation and/or nuclear engineering consulting. He can deal with most all engineering and science areas because of his broad experience and education.
    • He conducts a search and research effort on the applicable engineering or scientific literature in accordance with the needs and requirements of the assignment.
    • He follows this with a detailed analysis and evaluation of the uncovered literature in order to support the litigation actions. Again the level of detail is in accordance with the needs and requirements of the legal profession.
  • He then determines the needs of the Client. He has determined that the Clients needs for services is answered by the following questions. Are you engaged in these project types? Are there any regulatory controversies or disputable conundrums? Are any legal actions in process or on the horizon? Do you require assistance because of a work overload, the special talents I bring to the table or other reasons. If you answered Yes to any of these questions, Dr. Miholits has the expertise to assist you.
  • Dr. Miholits offers professional services after a problem has occurred on an engineering and/or scientific project and this problem has already led to the development of significant legal actions.
    • Dr. Miholits provide comprehensive technical evidence (arguments) to the attorneys for their defense. The format of the presentation is defined by the Attorneys.
    • His analysis and evaluations will be thorough, exemplary and without bias. His work product will be based on good science. His findings will be derived by the use of good scientific methods and his reports, depositions and testimony will reflect a complete and fair analysis and evaluation of both sides of the scientific knowledge base. This will permit the legal profession to see all sides of the evidence and develop their arguments without bias to satisfy the 1993 Daubert criteria. The Daubert criteria say that any evidence provided to the attorneys will include analysis and evaluations of the data on both sides of the subject in accordance with U.S. Supreme Court rulings. As an example of Court precedence, please see: The Application of the U.S. Supreme Court's Daubert Criteria in Radiation Litigation (1993).

Photos and illustrations: (1) Rodin's Thinker; (2) U.S. Supreme Court; (3) DNA molecule; and (4) the Library of Congress

End of Expert Witness Page — Page 3 of 6


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