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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. ——►
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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. |
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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.
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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).
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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
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