Você está na página 1de 53

EXPERT INTELLIGENCE REPORT

JOHN H. DOE, PE, PH.D.


JANUARY 2016
Contents

Information 1

1 Expert Profile 3

2 Court Documents 4

Expert Litigation 4

Non-Expert Litigation 16

3 Expert Challenge Report 19

4 Expert Evaluator Report 20

5 News Mentioning the Expert 24

6 Expert Publications 26

7 Internet Research 30

8 Expert Patents 33

Appendix One 36

Appendix Two 38

Appendix Three 41

Appendix Four 44

Appendix Five 47

TheuseofthisExpertIntelligenceReport(theReport)shouldnotbeconstruedtoconstitutelegaladviceorprovideasubstitutefor
reviewingthequalificationsofexpertsindependently.ThomsonReutersExpertWitnessServices(TREWS)compilestheinformationin
theReportfromavarietyofsources(Sources).AlthoughTREWSusescommerciallyreasonableeffortstoaccuratelysummarizeand
reporttheinformationobtainedfromitsSources,TREWSisnotresponsibleforerrorsoromissionsintheReport,anddoesnotwarrantthe
accuracyofitsSourcesinformation.TREWSisalsonotresponsibleforinformationorcontentcontainedinanylinkstowebsitesincluded
intheReportandcannotguaranteethatanylinksincludedhereinwillcontinuetobeactiveorcontainthereferencedmaterialindefinitely.
Information

NOTE REGARDING WESTLAW CHARGES

Additional charges may apply, depending on your Westlaw subscription. To learn more
about potential additional charges, please verify your Westlaw access with your firms
Westlaw plan administrator or Westlaw account manager.

Using this Report

When you click on a link in this report, your internet browser will launch the Westlaw
sign-in page. If the document is included in your firms Westlaw subscription, there is no
additional charge for viewing the document. If the document is not included in your
Westlaw plan, a warning screen (pictured below) may or may not appear during your
work with this report, depending on your firms Westlaw settings. If a warning screen
appears, click Cancel to avoid an additional charge. To view the document and incur an
additional charge, click View Document.

Information 1
Searching for Experts within a Docket

To view the information in the dockets, click the link to the docket. Then click CTRL + F
on your keyboard and type the experts last name in the dialog box that is displayed.
Alternatively, type the entry number you wish to view. If the docket consists of more
than one page, blue hyperlinked page numbers are displayed in the upper-right corner
of each Westlaw page. You will need to use CTRL + F to find the experts name on each
page of the docket.

To view PDF documents in the docket, click the view/download PDF link beneath the
docket entry or the blue link next to the attachment/exhibit.

Selection of Appendix Documents

Appendix document selection includes the following criteria:

Type of document - deposition or testimony documents are preferred. If no expert


documents are available, we choose other relevant documents such as memorandum
supporting a motion in limine to exclude the experts testimony.
Date of document - more recent documents are preferred.
Relevance - if there are several recent testimonial documents available, we select those
that are involved in a motion to exclude or are topically relevant.

If you desire a different selection of appendix documents in your report, contact us and
we will be happy to help.

Information 2
1 Expert Profile
JOHN H. DOE, PE, PH.D.
PHOTO

DOE ENTERPRISES, LLC


1375 DRIVEN ROAD, 1110B
CITY, STATE 11111
(555) 200-3000
JOHN.DOE@DOEENTERPRISES.COM

John Doe, PE, Ph.D., is senior consulting engineer and founding partner of Doe Enterprises, LLC.
As an organic chemist with more than 20 years of experience in professional engineering, he
provides expertise in matters such as property damage, personal injury, failure analysis, and
patent infringement. He earned his M.Sc. and Ph.D. from Major State University. Doe has provided
expert testimony on behalf of both plaintiffs and defendants in federal courts.

WESTLAW PROFILES AND RESUMES


John Doe, Dr.
Expert Witness, ST USA

Dr. John Doe


Expert Resume 2009 WL 996700

LICENSES, CERTIFICATIONS, AND DISCIPLINARY ACTIONS


PROFESSIONAL ENGINEER (PE)
Florida
tinyurl.com/87roaue

Nebraska (searchable site) (unable to verify)


ea.nebraska.gov/search/search.php

Wisconsin
online.drl.wi.gov/LicenseLookup/CredSummaryDetails.aspx?chid=46495

PUBLIC RECORDS

Click here to search public records on WestlawNext

1 Expert Profile 3
2 Court Documents
This section includes information regarding the experts court activity obtained from multiple Westlaw databases, including
Westlaw dockets. These databases are updated frequently, providing access to current reports, affidavits, depositions and trial
transcripts.

EXPERT LITIGATION

Cases on behalf of plaintiffs Cases on behalf of defendants


LANDIS, ET AL. V. JARDEN CORP., ET AL. YUCATAN FOODS, LP V. BERRY PLASTICS CORP., ET AL.

GOESEL, ET AL. V. BOLEY INTL (HK) LTD., ET AL. SUBWAY INTL BV V. GILL

WHITE V. FLORIDA MARINE TRANSPORTATION, INC. HANKERSON V. CRETE CARRIER CORP., ET AL.

FORTUNE MFG. CO., LTD. V. ZURN INDUSTRIES, LLC SOLT, ET AL. V. UNITED PLASTICS FABRICATION, INC.,
ET AL.

JOHNSON V. ROOD LANDSCAPE, INC., ET AL. STAUB V. HOEGANAES CORP.


GRILL V. PHILIP MORRIS USA INC. LOWERY, ET AL. V. HARRISON COUNTY, MISSISSIPPI, ET
AL.
BOUCHER, ET AL. V. ZIMMER, INC.

CITY OF SOUTHAVEN, MISSISSIPPI V. DATAMATIC, LTD.

CANTWAY, ET AL. V. FEDERAL EXPRESS CORP., ET AL.

MCGILVARY V. APAC SOUTHEAST, INC.

FARRAR & FARRAR DAIRY, INC., ET AL. V. MILLER-ST.


NAZIANZ, INC.

PRIMIANO, ET AL. V. STRYKER CORP., ET AL.

CONLEY, ET AL. V. R.J. REYNOLDS TOBACCO CO., ET AL.

LABELLE, ET AL. V. PHILIP MORRIS, INC., ET AL.

LANDIS, ET AL. V. JARDEN CORP., ET AL.


(N.D. W. VA. 2014)

1. Trial Motions/Memoranda
Memorandum of Law of Defendants Hearthmark, LLC and Wal-Mart Stores, Inc. in Support
of Motion to Exclude the Opinions and Testimony of Dr. John Joe
Kimberly LANDIS and Alva Nelson, as parents and guardians of A.N., a minor, Plaintiffs, v.
JARDEN CORPORATION, Hearthmark, LLC d/b/a Jarden Home Brands, Wal-Mart Stores,
Inc., C.K.S. Packaging, Inc., Packaging Service Company, Inc., and Stull Technologies, Inc.,
Defendants/Third Party Plaintiffs, v. Kimberly Landis and Alva Nelson, in their individual
capacities, Third Party Defendants. United States District Court, N.D. West Virginia., Elkins
Division November 22, 2013 No. 2:11-CV-00-101-JPB. 2013 WL 7137592

Memorandum in Support of Defendant C.K.S. Packaging, Inc.s Motion to Exclude the


Opinions and Testimony of Dr. John Doe
LANDIS, et al., Plaintiffs, v. HEARTHMARK, LLC, et al., Defendants. United States District
Court, N.D. West Virginia., Elkins Division November 20, 2013 No. 2:11-CV-00101-JPB. 2013
WL 7137653

2 Court Documents 4
2. Case Decisions/Trial Orders
Landis v. Hearthmark, LLC
United States District Court, N.D. West Virginia, Elkins. January 15, 2014 Slip Copy 2014 WL
198555 2:11-CV-101

YUCATAN FOODS, LP V. BERRY PLASTICS CORP., ET AL.


(CAL. SUPER. CT. 2013)

1. Expert Testimony/Reports/Affidavits
Deposition of: John Doe, Ph.D.
Partial Expert Testimony Yucatan FOODS, L.P., a Delaware Limited Partnership, Plaintiff, v.
BERRY PLASTICS CORPORATION, a Delaware Corporation; and Does 1 through 50,
inclusive, Defendants. Superior Court of California. January 08, 2013 No. BC458182. 2013
WL 5352378

2. Jury Verdicts/Settlements
Yucatan Foods LP vs. Berry Plastics Corporation
Superior Court, Los Angeles County, California. March 15, 2013 DOCKET NUMBER:
BC458182 41 Trials Digest 16th 12

GOESEL, ET AL. V. BOLEY INTL (HK) LTD., ET AL.


(7TH CIR. 2013)

1. Appellate Briefs
Brief of Appellant Williams, Bax & Saltzman, P.C. Redacted Pursuant to Order of
September 10, 2013
Andrew GOESEL, et al., v. BOLEY INTERNATIONAL (HK) LTD., et al. United States Court of
Appeals, Seventh Circuit. September 13, 2013 No. 13-2434. 2013 WL 5324298

2. Dockets
GOESEL ET AL V. BOLEY INTERNATIONAL ET AL
July 29, 2009 IL U.S. DIST. CT., NORTH 1:09-CV-04595 TORTS/NEGLIGENCE, PRODUCT
LIABILITY, PERSONAL INJURY Judge(s): HONORABLE MILTON I. SHADUR BOTH

The following docket entries contain PDF versions of court documents:


Entry 137 dated 08/13/2012 refers to Response By Plaintiffs Andrew Goesel, Christine Goesel
To Motion In Limine 103 To Bar Dr. Doe (Attachments: # Exhibit A, # Exhibit B, # Exhibit C, #
Exhibit D, # Exhibit E, # Exhibit F)(Gale, Louis) (Entered: 08/13/2012)
Entry 103 dated 07/19/2012 refers to Motion By Defendants Boley International, Target
Corporationin Limine 2 To Bar John Doe Ph.D. (Attachments: # Exhibit A)(Gray, David)
(Entered: 07/19/2012)

2 Court Documents 5
WHITE V. FLORIDA MARINE TRANSPORTATION, INC.
(E.D. LA. 2012)

1. Expert Testimony/Reports/Affidavits
Report of John Doe Ph.D.
Expert Report and Affidavit Maritime Tammie WHITE, v. FLORIDA MARINE
TRANSPORTERS. United States District Court, E.D. Louisiana. April 01, 2012 No.
211CV01161. 2012 WL 1425261
FULL TEXT

2. Trial Motions/Memoranda
Opposition to Plaintiffs Daubert Motion to Preclude Testimony of Defendants Medical
Expert, Dr. Gerard Orthopedist
Tammie WHITE, v. FLORIDA MARINE TRANSPORTATION, INC. United States District
Court, E.D. Louisiana. April 17, 2012 No. 2:11-cv-01161. 2012 WL 1412218

Memorandum in Opposition to Plaintiffs Daubert Motion to Preclude Testimony of


Defendants Expert, John Doe
Tammie WHITE, v. FLORIDA MARINE TRANSPORTATION, INC. United States District
Court, E.D. Louisiana. April 17, 2012 No. 2:11-cv-01161. 2012 WL 1412217

3. Dockets
WHITE V. FLORIDA MARINE TRANSPORTERS, INC
May 17, 2011 LA U.S. DIST. CT., EAST 2:11-CV-01161 TORTS/NEGLIGENCE, MARINE
Judge(s): JUDGE ELDON E. FALLON NONE

The following docket entries contain PDF versions of court documents:


Entry 106 dated 04/25/2012 refers to Minute Order. Proceedings Held Before Judge Eldon E.
Fallon: Motion Hearing Held On 4/25/2012 Re 69 Motion In Limine To Preclude Testimony Of
Defendants Medical Expert, Dr. Gianoli, Filed By Tammie White, 72 Motion In Limine To
Exclude The Testimony And Report Of Hector Pazos Filed By Florida Marine Transporters, Inc.,
71 Motion In Limine To Exclude Plaintiffs Expert David E. Cole Filed By Florida Marine
Transporters, Inc., 68 Motion In Limine To Preclude Testimony Of Defendants Expert, John
Doe, Filed By Tammie White, 70 Motion In Limine To Exclude Dr. Williams Testimony & Report
Filed By Florida Marine Transporters, Inc., 63 Motion In Limine To Preclude Testimony Of
Defendants Medical Expert, Dr. Donald Adams, Filed By Tammie White.No Oral Argument
Was Heard On Any Of The Motions - For Reasons Orally Given, All Motions Are Denied (Ala, )
(Entered: 04/25/2012)
Entry 88 dated 04/17/2012 refers to Request/Statement Of Oral Argument By Florida Marine
Transporters, Inc. Regarding 68 Motion In Limine To Preclude Testimony Of Defendants
Expert, John Doe,. (Attachments: # Proposed Order)(Kenney, Jason) (Entered: 04/17/2012)
Entry 87 dated 04/17/2012 refers to Response/Memorandum In Opposition Filed By Florida
Marine Transporters, Inc. Re 68 Motion In Limine To Preclude Testimony Of Defendants
Expert, John Doe,. (Attachments: # Exhibit 1, # 2 Exhibit 2, # Exhibit 3)(Kenney, Jason)
(Entered: 04/17/2012)
Entry 68 dated 04/10/2012 refers to Motion In Limine To Preclude Testimony Of Defendants
Expert, John Doe, By Tammie White. Motion Set For 4/25/2012 09:00 Am Before Judge Eldon
E. Fallon. (Attachments: # Notice Of Submission, # Memorandum In Support, # Exhibit, #
Exhibit, # Exhibit, # Exhibit, # Exhibit)(Ross, Mark) (Entered: 04/10/2012)

2 Court Documents 6
FORTUNE MFG. CO., LTD. V. ZURN INDUSTRIES, LLC
(C.D. CAL. 2011)

1. Dockets
FORTUNE MFG. CO., LTD. V. ZURN INDUSTRIES, LLC
January 18, 2011 CA U.S. DIST. CT., CENT. 2:11-CV-00530 CONTRACTS, OTHER
CONTRACT

Entry 101 dated 11/03/2011 includes a PDF Of Plaintiff And Counterdefendant Fortune Mfg.
Co., Ltds Notice Of Lodging Of Deposition Transcript Of John Doe, P.E. In Support Of Its
Opposition To Zurns Motion For Summary Judgment. (Kpa) Modified On 11/7/2011 (Kpa).
(Entered: 11/07/2011)

The following docket entries have been sealed by the court:


Entry 99 dated 11/03/2011 refers to Plaintiff And Countderdefendant Fortune Mfg. Co., Ltds
Application To File Under Seal The Deposition Transcript Of John Doe, P.E. In Support Of Its
Opposition To Zurns Motion For Summary Judgment. (Kpa) (Entered: 11/07/2011)
Entry 98 dated 11/03/2011 refers to Order Granting Plaintiff/Counterdefendantss Application
To File Under Seal The Deposition Transcript Of John Doe, P.E. In Support Of Its Opposition To
Zurns Motion For Summary Judgment 95 By Judge Percy Anderson. (Kpa) (Entered: 11/04/
2011)
Entry 95 dated 11/02/2011 refers to Notice Of Manual Filing Filed By Plaintiff Fortune Mfg. Co.,
Ltd., Counter Defendant Fortune Mfg. Co., Ltd. Of Appln To File Under Seal The Deposition
Transcript Of John Doe; [Proposed] Order; Notice Of Lodging The Deposition Transcript Of
John Doe And Notice Of Lodging Deposition Transcript Of Chris Connors; Steve Kautz And
Henry Chen. (Christensen, Becky) (Entered: 11/02/2011)

JOHNSON V. ROOD LANDSCAPE, INC., ET AL.


(FLA. CIR. CT. 2011)

1. Trial Motions/Memoranda
Defendant Rood Landscape, Inc. And Juan Zunigas Expert Witness List
Eric JOHNSON, Plaintiff, v. ROOD LANDSCAPE, INC., a Florida Corporation, and Juan
Zuniga., Defendant. Circuit Court of Florida., 19th Judicial Circuit January 27, 2011 No.
101295. 2011 WL 2975828

GRILL V. PHILIP MORRIS USA INC.


(S.D.N.Y. 2011)

1. Trial Motions/Memoranda
Defendant Philip Morris USA Inc.s Objections to Plaintiffs revised Designation of
Testimony of Robert C. Roe
John GRILL, on behalf of himself and as fiduciary: of the estate of Ann Grill, Plaintiff, v.
PHILIP MORRIS USA INC., Defendant. United States District Court, S.D. New York. April
22, 2011 No. 7:05-cv-09174-CS. 2011 WL 1938647

2 Court Documents 7
Philip Morris USA Inc.s Consolidated Reply Memorandum of Law in Support of Its Motions
in Limine Nos. 8, 9, 10, and 11 (Concerning Testimony Regarding the meaning of
Documents or the intent of Their Drafters, the minimum Effective Dose of Nicotine
Theory, and Expert Testimony of Drs. Doe And Roe)
John GRILL, on behalf of himself and as fiduciary of the estate of Ann Grill, Plaintiff, v.
PHILIP MORRIS USA INC., Defendant. United States District Court, S.D. New York.
November 22, 2010 No. 05 Civ. 9174 (CS) (LMS). 2010 WL 6679994

Memorandum of Law in Support of Philip Morris USA Inc.s Motion in Limine No. 22 to
Exclude Evidence or Argument Relating to the Aggregate Harm Allegedly Caused by
Smoking
John GRILL, on behalf of himself and as fiduciary of the estate of Ann Grill, Plaintiff, v.
PHILIP MORRIS USA INC., Defendant. United States District Court, S.D. New York.
September 10, 2010 No. 05 Civ. 9174 (CS) (LMS). 2010 WL 4949290

Memorandum of Law in Support of Philip Morris USA Inc.s Motion in Limine No. 10 to
Exclude Testimony of Dr. John Doe
John GRILL, on behalf of himself and as fiduciary of the estate of Ann Grill, Plaintiff, v.
PHILIP MORRIS USA INC., Defendant. United States District Court, S.D. New York.
September 10, 2010 No. 05 Civ. 9174 (CS) (LMS). 2010 WL 4949291

2. Case Decisions/Trial Orders


Grill v. Philip Morris USA, Inc.
United States District Court, S.D. New York. September 08, 2009 653 F.Supp.2d 481 2009
WL 2877607 05-CV-9174 (CS)

3. Dockets
GRILL ET AL v. PHILIP MORRIS USA, INC
October 29, 2005 NY U.S. DIST. CT., SOUTH 7:05-cv-09174 TORTS/NEGLIGENCE,
PRODUCT LIABILITY, PERSONAL INJURY

The following docket entries contain PDF versions of court documents:


Entry 228 Dated 02/22/2011 Refers To Order: Ordered And Adjudged As Follows: No. 10 To
Exclude Testimony Of Dr. John Doe Is Hereby Granted In Part And Denied In Part. Entry is
redacted for brevity. All mentions of expert are included.
Entry 198 Dated 11/22/2010 Refers To Reply Memorandum Of Law In Support Re: 152 Motion
In Limine No. 10 To Exclude Testimony Of Dr. John Doe., 116 Motion In Limine No. 9 To Exclude
Any Evidence Of Or Reference To The minimum Effective Dose Of Nicotine Theory., 107
Motion In Limine No. 8 To Preclude Expert Testimony Regarding The meaning Of
Documents Or The intent Of Their Drafters., 156 Motion In Limine No. 11 To Exclude
Testimony Of Dr. Neil Grunberg. Document Filed By Philip Morris Usa, Inc. (Mason, Lucy)
(Entered: 11/22/2010)
Entry 196 Dated 11/01/2010 Refers To Memorandum Of Law In Opposition Re: 152 Motion In
Limine No. 10 To Exclude Testimony Of Dr. John Doe. Document Filed By John Grill. (Long,
Amber) (Entered: 11/01/2010)

2 Court Documents 8
Entry 155 Dated 09/10/2010 Refers To Declaration Of Lucy E. Mason In Support Re: 152
Motion In Limine No. 10 To Exclude Testimony Of Dr. John Doe.. Document Filed By Philip
Morris Usa, Inc. (Attachments: # Exhibit P, # Exhibit Q, # Exhibit R, # Exhibit S, # Exhibit T, #
Exhibit U, # Exhibit V, # Exhibit W, # Exhibit X, # 10 Exhibit Y, # 11 Exhibit Z, # 12 Exhibit Aa, #
13 Exhibit Bb, # 14 Exhibit Cc, # 15 Exhibit Dd, # 16 Exhibit Ee)(Mason, Lucy) (Entered: 09/10/
2010)
Entry 154 Dated 09/10/2010 Refers To Declaration Of Lucy E. Mason In Support Re: 152
Motion In Limine No. 10 To Exclude Testimony Of Dr. John Doe.. Document Filed By Philip
Morris Usa, Inc. (Attachments: # Exhibit A, # Exhibit B, # Exhibit C, # Exhibit D, # Exhibit E, #
Exhibit F, # Exhibit G, # Exhibit H, # Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13
Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Mason, Lucy) (Entered: 09/10/2010)
Entry 153 Dated 09/10/2010 Refers To Memorandum Of Law In Support Re: 152 Motion In
Limine No. 10 To Exclude Testimony Of Dr. John Doe. Document Filed By Philip Morris Usa, Inc.
(Mason, Lucy) (Entered: 09/10/2010)
Entry 152 Dated 09/10/2010 Refers To Motion In Limine No. 10 To Exclude Testimony Of Dr.
John Doe. Document Filed By Philip Morris Usa, Inc. Return Date Set For 12/20/2010 At 09:30
Am.(Mason, Lucy) (Entered: 09/10/2010)

BOUCHER, ET AL. V. ZIMMER, INC.


(D. UTAH 2010)

1. Court-Filed CVs
John H. Doe, Ph.D.
Expert Resume United States District Court, D. Utah. September 24, 2007 2007 WL
6920823

2. Trial Motions/Memoranda
Defendants Memorandum of Law in Support of Its Motion for Summary Judgment and
Motion to Exclude Plaintiffs Experts
Mark S. BOUCHER, an individual, Linda B. Boucher, an individual, and as husband and
wife, Plaintiffs, v. ZIMMER, INC., a Delaware corporation, Defendant. United States District
Court, D. Utah., Northern Division February 16, 2010 No. 2:06cv000380 DAK. 2010 WL
1480265

Plaintiffs Rule 26(a)(2)(A) Designation of Expert Witnesses


Mark S. BOUCHER, an individual, Linda B. Boucher, an individual, and as husband and
wife, Plaintiffs, v. ZIMMER, INC., a Delaware corporation, Defendant. United States District
Court, D. Utah, Central Division. May 21, 2007 No. 2:06-cv-380. 2007 WL 4902669

Plaintiffs Rule 26 Report Re: Dr. John H.Doe Ph.D.


Expert Report and Affidavit Products Liability Mark S. BOUCHER, an individual, Linda B.
Boucher, an individual, and as husband and wife, Plaintiffs, v. ZIMMER, INC., a Delaware
corporation, Defendant. United States District Court, D. Utah, Central Division. September
21, 2007 No. 2:06-CV-380. 2007 WL 4470935

2 Court Documents 9
SUBWAY INTL BV V. GILL
(D. CONN. 2009)

1. Arbitration Awards
Subway Intl BV, v. GILL.
Court Filed Awards Case Type: Contract D.Conn. Award December 07, 2009 No.
09CV01675. 2009 WL 5427346

HANKERSON V. CRETE CARRIER CORP., ET AL.


(S.D. GA. 2009)

1. Expert Testimony/Reports/Affidavits
Deposition of: John Doe, Ph.D.
Expert Deposition Vehicle Negligence Russell HANKERSON, Plaintiff, v. CRETE CARRIER
CORPORATION and Stephen Mann, individually and as an agent of Crete Carrier Corp.,
Defendants. United States District Court, S.D. Georgia, Augusta Division. December 03,
2009 No. CV109-73. 2009 WL 6866566

SOLT, ET AL. V. UNITED PLASTICS FABRICATION, INC., ET AL.


(M.D. PA. 2009)

1. Expert Testimony/Reports/Affidavits
(Report or Affidavit of Joe J. Engineer, P.E.)
Expert Report and Affidavit Construction & Industrial Accidents WILSON SOLT, III. ET.UX.,
v. UNITED PLASTICS FABRICATION, INC. & L.W. Tank Repair. Inc. United States District
Court, M.D. Pennsylvania. February 17, 2009 No. 07CV01867. 2009 WL 1073706

(Report or Affidavit of Dennis C. Expert, Ph.D.)


Expert Report and Affidavit Construction & Industrial Accidents Wilson SOLT, III, et ux., v.
UNITED PLASTIC FABRICATING, INC. & L.W. Tank Repair, Inc. Preliminary Metallurgical
Engineering Report. United States District Court, M.D. Pennsylvania. February 17, 2009
No. 07CV01867. 2009 WL 1073707

Technical Report Expert Opinion on Cause of Failure during Hoisting of Elliptical Tank of
John Doe, Ph.D.
Expert Report and Affidavit Construction & Industrial Accidents Wilson SOLT III, v. UNITED
PLASTIC FABRICATION, INC. United States District Court, M.D. Pennsylvania. October 17,
2008 No. 07CV01867. 2008 WL 8215311
FULL TEXT

Technical Report Expert Opinion Regarding the Cause of Failure of Raymond A. Doctor,
Ph.D.
Expert Report and Affidavit Construction & Industrial Accidents Wilson SOLT III, v. UPF et
al. United States District Court, M.D. Pennsylvania. October 16, 2008 No. 07CV01867.
2008 WL 8215312

2 Court Documents 10
2. Trial Motions/Memoranda
Plaintiffs Brief in Support of Motion in Limine to Preclude Defendants From Raising The
Defense of Plaintiffs Alleged Assumption of The Risk
Wilson SOLT, III and Sandra Solt, Individually and Husband and Wife, Plaintiffs, v. UNITED
PLASTIC FABRICATION, INC. and L.W. Tank Repair, Inc., Defendants. United States
District Court, M.D. Pennsylvania. February 27, 2009 No. 307CV01867. 2009 WL 1109725

3. Jury Verdicts/Settlements
Wilson Solt v. United Plastic Fabrication Inc. and L.W. Tank Repair Inc.
PRODUCTS LIABILITY - DESIGN DEFECT - WORKPLACE United States District Court,
M.D. Pennsylvania. May 21, 2009 No. 3:CV 07-1867-JMM 2009 WL 3011557

CITY OF SOUTHAVEN, MISSISSIPPI V. DATAMATIC, LTD.


(N.D. MISS. 2008)

1. Arbitration Awards
CITY OF SOUTHAVEN, Mississippi, v. DATAMATIC, LTD.
Court Filed Awards Case Type: Premises Liability N.D.Miss. Ruling On Motion to Exclude
and Award of Arbitrator May 19, 2008 Nos. 07CV00058, 153436. 2008 WL 8126465

CANTWAY, ET AL. V. FEDERAL EXPRESS CORP., ET AL.


(FLA. CIR. CT. 2008)

1. Expert Testimony/Reports/Affidavits
Deposition of John Doe
Expert Deposition Vehicle Negligence Josephine CANTWAY, as court-appointed guardian
of Laura McGrath, an incompetent person, and as guardian on behalf of Riley J. McGrath
and Reece E. McGrath, Plaintiff, v. FEDERAL EXPRESS CORPORATION, a foreign
corporation, Automotive Rentals, Inc., a foreign corporation, and Shannon Lotito,
Defendants. Circuit Court of Florida, 15th Judicial Circuit, General Jurisdiction Division.
August 30, 2008 No. CL 99-6082 AB. 2008 WL 5967275
FULL TEXT

Continued Deposition of Dr. John Doe taken on behalf of the Defendant pursuant to a
notice of taking deposition
Expert Deposition Vehicle Negligence Josephine CANTWAY, as court-appointed guardian
of Laura McGrath, an incompetent person, and as guardian on behalf of Riley J. McGrath
and Reece E. McGrath, Plaintiff, v. FEDERAL EXPRESS CORPORATION, a foreign
corporation, Automotive Rentals, Inc., a foreign corporation, and Shannon Lotito,
Defendants. Circuit Court of Florida, 15th Judicial Circuit, General Jurisdiction Division.
September 11, 2000 No. CL 99-6082 AB. 2000 WL 35743418

2 Court Documents 11
Deposition of: Another Expert, Ph.D.
Expert Deposition Vehicle Negligence Josephine M. CANTWAY, etc., Plaintiff, v. FEDERAL
EXPRESS CORPORATION, etc., et al., Defendants. Circuit Court of Florida, 15th Judicial
Circuit, General Jurisdiction Division. August 31, 2000 No. CL 99-6082 AB. 2000 WL
35743899

MCGILVARY V. APAC SOUTHEAST, INC.


(ALA. 2007)

1. Appellate Briefs
Petition for Writ of Mandamus
Ex Parte: APAC SOUTHEAST, INC. Re: Sara Ann McGilvary, as Administrator of The Estate
of James McGilvary, deceased, Plaintiff, v. PAC Southeast, Inc., Defendant. Supreme Court
of Alabama. April 24, 2007 No. 1061048. 2007 WL 6707142

FARRAR & FARRAR DAIRY, INC., ET AL. V. MILLER-ST. NAZIANZ, INC.


(E.D.N.C. 2007)

1. Expert Testimony/Reports/Affidavits
Video Deposition of: John Doe
Partial Expert Testimony Class Action FARRAR & FARRAR DAIRY, INC, and Farrar & Farrar
Farms, a North Carolina General Partnership, on behalf of itself and all others similarly
situated, Plaintiffs, v. MILLER-ST. NAZIANZ, INC, Defendant. United States District Court,
E.D. North Carolina, Western Division. December 17, 2007 No. 5:06-CV-160-D1. 2007 WL
7003999
FULL TEXT

Video Deposition of: John Doe, Ph.D.


Expert Deposition Class Action FARRAR & FARRAR DAIRY, INC, and Farrar & Farrar
Farms, a North Carolina General Partnership, on behalf of itself and all others similarly
situated, Plaintiffs, v. MILLER-ST. NAZIANZ, INC, Defendant. United States District Court,
E.D. North Carolina, Western Division. December 17, 2007 No. 5:06-CV-160-D1. 2007 WL
7568291

Preliminary Expert Report of Dr. John Doe


Expert Report and Affidavit Class Action FARRAR & FARRAR DAIRY, INC., on behalf of
itself and all others similarly situated, Plaintiff, MILLER-ST. NAZIANZ, INC.; Hyplast NV;
and Klerks Plastic Products Manufacturing, Inc., Defendants. United States District Court,
E.D. North Carolina, Western Division. December 01, 2006 No. 5:06-CV-160-D1. 2006 WL
4701245

2. Court-Filed CVs
John H. Doe, Ph.D.
Expert Resume United States District Court, E.D. North Carolina. March 26, 2007 2007 WL
6948699

2 Court Documents 12
STAUB V. HOEGANAES CORP.
(N.J. SUPER. CT. 2006)

1. Jury Verdicts/Settlements
Glen & Marilyn Staub on behalf of themselves and others similarly situated v. Hoeganaes
Corp.
DAMAGES - PROPERTY Superior Court of New Jersey, Law Division, Burlington County
June 22, 2006 No. BUR-L-2080-03 2006 WL 2882888

PRIMIANO, ET AL. V. STRYKER CORP., ET AL.


(D. NEV. 2005)

1. Trial Motions/Memoranda
Defendant Howmedica Osteonics Corporations Renewed Motion for Summary Judgment
or, in the Alternative, Summary Adjudication
Marylou PRIMIANO and Charles Primiano, Plaintiffs, v. STRYKER CORPORATION,
Howmedica Osteonics Corp. and Robert J. Tait, M.D., Defendants. United States District
Court, D. Nevada. October 11, 2005 Case No. CV-03-0373-JCM (PAL). 2005 WL 3780378

LOWERY, ET AL. V. HARRISON COUNTY, MISSISSIPPI, ET AL.


(MISS. CIR. CT. 2003)

1. Trial Motions/Memoranda
Harrison Countys Motion for Summary Judgment
Judson Clark LOWERY, Jordan Hiatt Lowery, and Charlie Jade Lowery, Minors, as Wrongful
Death Beneficiaries of Robin Rebecca Clark Irby, Deceased, By and Through John Mark Irby,
Administrator of the Estate of Robin Rebecca Clark Irby, and John Mark Irby Individually
Plaintiff, v. Harrison COUNTY, Mississippi and Waste Management of Mississippi, Inc.
Defendants. Circuit Court of Mississippi, First Judicial District. March 03, 2003 Cause No.
A2401-2001-00081. 2003 WL 25257737

CONLEY, ET AL. V. R.J. REYNOLDS TOBACCO CO., ET AL.


(N.D. CAL. 2002)

1. Trial Motions/Memoranda
Defendant R.J. Reynolds Tobacco Companys Motion for Judgment as a Matter of Law
Elaine CONLEY, Dorothy White, and Weldon White, Plaintiffs, v. R.J. REYNOLDS
TOBACCO COMPANY, et al., Defendants. United States District Court, N.D. California.,
Oakland Division December 18, 2002 No. C-00-01740 SBA. 2002 WL 33769933

Plaintiffs Opposition to Defendants Motion in Limine to Exclude Testimony of John Doe


Elaine CONLEY, an individual; Dorothy White, an individual; and Weldon White, an
individual, Plaintiffs, v. PHILIP MORRIS INCORPORATED, a corporation, and Does 1
through 50, Defendants. United States District Court, N.D. California. November 18, 2002
No. C-00-01740 SBA. 2002 WL 33769934

2 Court Documents 13
Defendants Motion in Limine to Limit Dr. Feingolds Testimony to Pulmonology and
Internal Medicine
Elaine CONLEY, Dorothy White, and Weldon White, Plaintiffs, v. R.J. REYNOLDS
TOBACCO COMPANY, et al., Defendants. United States District Court, N.D. California.,
Oakland Division November 08, 2002 Case No. C-00-01740 SBA. 2002 WL 33760384

Defendants Motion in Limine to Prohibit Plaintiffs Expert Witnesses from Testifying to the
Meaning of Defendants Documents or to Defendants Intent in Preparing Documents
Elaine CONLEY, Dorothy White, and Weldon White, Plaintiffs, v. R.J. REYNOLDS
TOBACCO COMPANY, et al., Defendants. United States District Court, N.D. California.,
Oakland Division November 08, 2002 No. C-00-01740 SBA. 2002 WL 33760388

2. Case Decisions/Trial Orders


Conley v. R.J. Reynolds Tobacco Co.
United States District Court, N.D. California. December 26, 2002 286 F.Supp.2d 1097
2002 WL 32179016 C 00-1740

Conley v. R J Reynolds Tobacco


United States District Court, N.D. California. December 02, 2002 Not Reported in
F.Supp.2d 2002 WL 34396761 00CV01740

Elaine CONLEY, an individual; Dorothy White, an individual; and Weldon White, an


individual, Plaintiffs, v. R.J. REYNOLDS TOBACCO CO., et al., Defendants.
Court of Common Pleas of Pennsylvania. December 02, 2002 2002 WL 34103881 No. C
00-1740 SBA.

3. Dockets
CONLEY, ET AL v. R J REYNOLDS TOBACCO, ET AL
May 16, 2000 CA U.S. DIST. CT., NORTH 4:00-cv-01740 TORTS/NEGLIGENCE, PRODUCT
LIABILITY, PERSONAL INJURY

The following docket entries refer to documents that are not available on Westlaw, but
Westlaw CourtExpress can retrieve these documents upon request. Call 240-751-9013
for pricing and to initiate the process.
Entry 412 Dated 12/19/2002 Refers To Trial Minutes: Plaintiffs Witness: Dr. Doe; Defendants
Witness: Professor Loan Hoth ( C/R Raynee Mercado) ( Hearing Date: 12/19/02) [4:00-Cv-
01740] (Jlm, Court Staff) (Entered: 12/26/2002)
Entry 394 Dated 12/11/2002 Refers To Trial Minutes: Plaintiffs Motion For Reconsideration
Re: Brief Of Dr. John Doe Is Denied With Prejudice ( C/R Raynee Mercado) ( Hearing Date: 12/
11/02) [4:00-Cv-01740] (Jlm, Court Staff) Modified On 12/13/2002 (Entered: 12/13/2002)
Entry 388 Dated 12/05/2002 Refers To Brief In Respect To Qualifications Of Dr. John Doe Re:
Testimony As Expert Witness By Plaintiffs [4:00-Cv-01740] (Jlm, Court Staff) (Entered: 12/10/
2002)
Entry 383 Dated 12/02/2002 Refers To Order By Judge Saundra B. Armstrong Granting
Motion In Limine To Preclude Dr. Doe From Testifying As An Expert Witness [280-1], Entry is
redacted for brevity. All mentions of expert are included.

2 Court Documents 14
Entry 331 Dated 11/18/2002 Refers To Opposition By Plaintiff To Motion In Limine To Preclude
Dr. Doe From Testifying As An Expert Witness [280-1] [4:00-Cv-01740] (Kc, Court Staff)
(Entered: 11/21/2002)
Entry 300 Dated 11/12/2002 Refers To Proof Of Service By Defendants Of, Motion In Limine To
Preclude Dr. Doe From Testifying As An Expert Witness [280-1]. Entry is redacted for brevity.
All mentions of expert are included.
Entry 291 Dated 11/12/2002 Refers To Response By Plaintiffs Re Motion In Limine To Preclude
Dr. Doe. Entry is redacted for brevity. All mentions of expert are included.
Entry 288 Dated 11/08/2002 Refers To Proof Of Service By Defendants Of, Declaration [281-1],
Motion In Limine To Preclude Dr. Doe From Testifying As An Expert Witness [280-1], Entry is
redacted for brevity. All mentions of expert are included.
Entry 281 Dated 11/08/2002 Refers To Declaration By Patrick J. Gregory On Behalf Of
Defendants In Support Of Motion In Limine To Preclude Dr. Doe From Testifying As An Expert
Witness [280-1] [4:00-Cv-01740] (Kc, Court Staff) (Entered: 11/12/2002)
Entry 280 Dated 11/08/2002 Refers To Motion Before Judge Saundra B. Armstrong By
Defendants In Limine To Preclude Dr. Doe From Testifying As An Expert Witness [4:00-Cv-
01740] (Kc, Court Staff) (Entered: 11/12/2002)

LABELLE, ET AL. V. PHILIP MORRIS, INC., ET AL.


(D. S.C. 2001)

1. Expert Testimony/Reports/Affidavits
Deposition of A. Nother Expert Jr., Ph.D.
Expert Deposition Products Liability Donald A. LABELLE, as Personal Representative of the
Estate of Christine Lezzo Labelle, Deceased, Plaintiff, v. PHILIP MORRIS, INCORPORATED,
et al., Defendants. United States District Court, D. South Carolina, Charleston Division. July
25, 2000 No. 2:98-3235-23. 2000 WL 35720269

Deposition of: John H. Doe, Ph.D.


Expert Deposition Products Liability Donald A. LABELLE, as Personal Representative of the
Estate of Christine Lezzo LaBelle, Deceased, Plaintiff, v. Philip MORRIS, Incorporation
(Philip Morris, U.S.A.), Liggett & Myers, Inc., the Brooke Group Limited, and Liggett Group,
Inc., Defendants. United States District Court, S.D. California, Charleston Division. July 20,
2000 No. 2:98-3235-23. 2000 WL 35640000
FULL TEXT

Videographic Deposition of Lewis Toxicologist, Ph.D.


Expert Deposition Products Liability Donald A. LABELLE, as Personal Representative of the
Estate of Christine Lezzo Labelle, Deceased, Plaintiff, v. PHILIP MORRIS, INCORPORATED,
et al, Defendants; In re: Tobacco Litigation (Medical Monitoring Cases). United States
District Court, D. South Carolina, Charleston Division. August 10, 2000 Nos. 2:98-3235-23,
00-C-6000. 2000 WL 35641531

2. Case Decisions/Trial Orders


LaBelle ex rel. LaBelle v. Philip Morris, Inc.
United States District Court, D. South Carolina, Charleston Division. July 05, 2001 243
F.Supp.2d 508 2001 WL 34059394 CIV.A.2-98-3235-23

2 Court Documents 15
3. Dockets
LABELLE V. BROWN & WILLIAMSON, ET AL
November 04, 1998 SC U.S. DIST. CT. 2:98-CV-03235 TORTS/NEGLIGENCE, PRODUCT
LIABILITY, PERSONAL INJURY

Entry 247 Dated 06/29/2001 Refers To Motion By Defendant Phillip Morris Inc In Limine
To Exclude Or Limit Testimony Of John Doe Phd (Cmck) (Entered: 07/02/2001) This
document is not available on Westlaw, but Westlaw CourtExpress can retrieve these
documents upon request. Call 240-751-9013 for pricing and to initiate the process.

NON-EXPERT LITIGATION

Cases in which Does patents Cases in which Doe or Does Cases in which Doe is cited
are the subject of litigation firm is a party
EX PARTE JOHN DOE, ET AL. PROFESSIONAL V. DOE IN RE: PLIBRICO CO.
EX PARTE DEAN L. SICKING AND DOE V. UNITED STATES
JOHN DOE

KOTHMANN V. TRINITY INDUSTRIES

PROFESSIONAL V. DOE
(FLA. CIR. CT. 2010)

1. Dockets
PROFESSIONAL v. JOHN DOE
December 28, 2010 FL BREVARD 18TH JUDICIAL CIR. 05-2010-SC-065566-XXXX-XX
SMALL CLAIMS

Doe is a defendant in this case.

EX PARTE JOHN DOE, ET AL.


(BD. PAT. APP. & INTERF. 2009)

1. Administrative Decisions
EX PARTE DEAN L. SICKING, JOHN DOUGLASS REID, RONALD KEITH FALLER, JOHN
DOE, BARRY THOMAS ROSSON AND JOHN ROBERT ROHDE
Bd.Pat.App. & Interf. January 01, 2009 2002 WL 31112843

EX PARTE DEAN L. SICKING, JOHN D. REID, RONALD K. FALLER, JOHN DOE, BARRY T.
ROSSON AND JOHN R. ROHDE
Bd.Pat.App. & Interf. January 01, 2009 2001 WL 1057283

2 Court Documents 16
EX PARTE DEAN L. SICKING AND JOHN DOE
(BD. PAT. APP. & INTERF. 2009)

1. Administrative Decisions
EX PARTE DEAN L. SICKING AND JOHN DOE
Bd.Pat.App. & Interf. January 01, 2009 1998 WL 1736094

DOE V. UNITED STATES


(N.D. FLA. 2007)

1. Trial Motions/Memoranda
Defendants Answer to Complaint and Affirmative Defenses
John Doe and Susan Doe, a married couple, Plaintiffs, v. UNITED STATES OF AMERICA,
through the United States Department of Agriculture, Defendant, United States District
Court, N.D. Florida, Tallahassee Division. November 13, 2007 No. 4:07cv391-RH/WCS.
2007 WL 4671290

KOTHMANN V. TRINITY INDUSTRIES


(S.D. TEX. 2005)

1. Expert Testimony/Reports/Affidavits
Expert Report of Expert A. Name
Expert Report and Affidavit Intellectual Property KOTHMAN ENTERPRISES, INC.,
successor by merger to Kothman & Kothman, Inc., v. TRINITY INDUSTRIES, INC.,
Defendant. United States District Court, S.D. Texas, Houston Division. January 16, 2004
No. H-01-2668. 2004 WL 3779924

(Transcript of Expert A. Name)


Expert Trial Transcript Intellectual Property KOTHMANN & KOTHMANN, v. TRINITY
INDUSTRIES, INC. United States District Court, S.D. Texas. April 10, 2002 No. 01-CV-
02668. 2002 WL 34439925

(Transcript of John Doe)


Expert Trial Transcript Intellectual Property KOTHMANN, v. TRINITY INDUSTRIES. United
States District Court, S.D. Texas. January 01, 2001 No. 01-CV-02668. 2001 WL 36161031\

2. Trial Motions/Memoranda
Plaintiff Kothmann Enterprises, Inc.s Response in Opposition to Defendant Trinity
Industries, Inc.s Expedited Motion to Compel Plaintiff to Supplement Discovery and for
Leave to Take Additional Discovery Regarding Plaintiffs New Patent Application
KOTHMANN ENTERPRISES, INC., successor by merger to Kothmann & Kothmann, Inc.,
Plaintiff, v. TRINITY INDUSTRIES, INC., Defendant. United States District Court, S.D. Texas,
Houston Division. February 05, 2005 No. H-01-2668. 2005 WL 6156135

Plaintiff Kothmann & Kothmann, Inc.s Motion for a Preliminary Injunction


KOTHMANN & KOTHMANN, INC., Plaintiff, v. TRINITY INDUSTRIES, INC., Defendant.
United States District Court, S.D. Texas, Houston Division. August 08, 2001 Civil Action No.
H-01-2668. 2001 WL 34935972

2 Court Documents 17
Plaintiffs First Amended Complaint
KOTHMANN ENTERPRISES, INC., successor by merger to Kothmann & Kothmann, Inc.,
Plaintiff, v. TRINITY INDUSTRIES, INC., Defendant. United States District Court, S.D. Texas,
Houston Division. January 14, 2003 Civil Action No. H-01-2668. 2003 WL 24337745

3. Case Decisions/Trial Orders


Kothmann Enterprises, Inc. v. Trinity Industries, Inc.
United States District Court, S.D. Texas, Houston Division. September 30, 2005 394
F.Supp.2d 923 2005 WL 2416815 CIV.A. H-01-2668

Kothmann & Kothmann v. Trinity Industries, Inc.


United States District Court, S.D. Texas, Houston Division. September 03, 2003 287
F.Supp.2d 673 2003 WL 22439847 CIV.A.H-01-2668

Kothmann & Kothmann, Inc. v. Trinity Industries, Inc.


United States District Court, S.D. Texas, Houston Division. September 20, 2002 287
F.Supp.2d 699 2003 WL 22439822 CIV.A.H-01-2668

IN RE: PLIBRICO CO.


(BANKR. N.D. ILL. 2005)

1. Trial Motions/Memoranda
Second Amended Disclosure Statement Regarding Second Amended Joint Plan of
Reorganization Dated August 1, 2005
In re: PLIBRICO COMPANY Plibrico Sales & Service, Inc., Debtors. United States
Bankruptcy Court, N.D. Illinois., Eastern Division August 04, 2005 Nos. 02 B 09952, 02 B
09957. 2005 WL 6488661

2 Court Documents 18
3 Expert Challenge Report
This section summarizes instances in which the experts testimony, credibility, qualifications or methods were formally
challenged or otherwise called into question.

Area(s) of Expertise: Engineering & Science - Chemistry/Chemical Process

January 2007January 2016

Case Date Result of Challenge


GOESEL, ET AL. V. BOLEY INTL (HK) LTD., ET 2013 Admitted in part/Excluded in part (Order at 2014
AL. WL 198555 and docket entry 151; motion at entry
103)

WHITE V. FLORIDA MARINE 2012 Admitted (Order at docket entry 106; motion at
TRANSPORTATION, INC. 2012 WL 1412218 and entry 68)

GRILL V. PHILIP MORRIS USA INC. 2010 Admitted in part/Excluded in part (Order at
docket entry 228; motion at 2010 WL 4949291
and entry 152)
BOUCHER, ET AL. V. ZIMMER, INC. 2010 Undetermined (Motion at 2010 WL 1480265)

3 Expert Challenge Report 19


4 Expert Evaluator Report
This section includes information gathered from an extensive Westlaw Search. It includes case subject matter information,
award amounts, and court appearances by jurisdiction for the past ten years, depending upon available data. The databases
used for this section are updated frequently which allows access to current reports, affidavits, depositions or trial transcripts.

Area(s) of Expertise: Engineering & Science - Chemistry/Chemical Process

January 2007 January 2016

Appearance Summary

Appearances 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Dockets by year initiated 0 0 1 0 1 0 0 0 0 0 2

Judicial opinions 0 0 0 0 1 1 1 1 0 0 4

Jury Verdicts 0 0 1 0 0 0 1 0 0 0 2

Roles

Role 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Defendant 0 0 0 0 0 0 1 0 0 0 2
Plaintiff 0 0 2 0 2 1 1 1 0 0 7

Trial Documents & Testimony

Document Type 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Appellate Brief 0 0 0 0 3 0 0 0 0 0 3

Expert Testimony 4 5 1 0 4 1 7 2 0 0 24
Trial Filing 0 0 0 1 0 0 0 0 0 0 1

Trial Motion, Memorandum, 0 0 0 0 1 5 5 0 0 0 11


and Affidavit

4 Expert Evaluator Report 20


Attorneys

Name 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Altemose, Mark K. 0 0 1 0 0 0 0 0 0 0 1

Brugger, Gregg W. 0 0 0 0 0 0 1 0 0 0 1

Carey, Gordon T. Jr. 0 0 1 0 0 1 1 0 0 0 3


Colombo, Dino S. II 0 0 0 0 1 0 0 0 0 0 1

Cowart, John P. 0 0 1 0 0 1 0 0 0 0 2

Cowart, John P. Jr. 0 0 0 0 0 0 1 0 0 0 1

Fox, Dana Alden 0 0 0 0 0 0 1 0 0 0 1

Harrison, Matthew P. 0 0 0 0 0 0 1 0 0 0 1

Mansell, Jeffrey V. 0 0 0 0 1 0 0 0 0 0 1
McCluskey, Kevin G. 0 0 0 0 0 0 1 0 0 0 1

Mohler, Travis T. 0 0 0 0 1 0 0 0 0 0 1

Romano, John F. 0 0 0 0 1 0 0 0 0 0 1
Romano, Todd Aaron 0 0 0 0 1 0 0 0 0 0 1

Shaw, Ethan L. 0 0 1 0 0 1 1 0 0 0 3

Parties

Name 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
* ALVA NELSON AS PARENTS 0 0 0 0 1 0 0 0 0 0 1
AND GUARDIANS OF A N A

BERRY PLASTICS GROUP INC 0 0 0 0 0 0 1 0 0 0 1

* KIMBERLY LANDIS AS 0 0 0 0 1 0 0 0 0 0 1
PARENTS AND GUARDIANS
OF A N A

* LEVERT LYONS 0 0 1 0 0 1 1 0 0 0 3

* None 0 0 1 0 0 0 0 0 0 0 1

* Other variations of this client/party name may appear in this list.

4 Expert Evaluator Report 21


Federal Courts

Federal Court 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Fourth Circuit (Appellate & 0 0 0 0 2 0 0 1 0 0 3
District)

United States District Court, 0 0 0 0 1 0 0 0 0 0 1


E.D. North Carolina

United States District Court, 0 0 0 0 1 0 0 1 0 0 2


N.D. West Virginia

Ninth Circuit (Appellate & 0 0 1 0 0 1 1 0 0 0 3


District)

United States District Court, D. 0 0 1 0 0 1 1 0 0 0 3


Oregon

Third Circuit (Appellate & 0 0 1 0 0 0 0 0 0 0 1


District)

United States District Court, 0 0 1 0 0 0 0 0 0 0 1


M.D. Pennsylvania

State Courts

State Court 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
California 0 0 0 0 0 0 1 0 0 0 1

California Superior Court, Los 0 0 0 0 0 0 1 0 0 0 1


Angeles County

Judges

Name 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Acosta, Hon. John V. 0 0 1 0 0 1 1 0 0 0 3

Bailey, Hon. John Preston 0 0 0 0 0 0 0 1 0 0 1

Bailey, Hon. John Preston 0 0 0 0 1 0 0 0 0 0 1

Dever, Hon. James C. III 0 0 0 0 1 0 0 0 0 0 1

Mackey, Hon. Malcolm H. 0 0 0 0 0 0 1 0 0 0 1

Seibert, Hon. James E. 0 0 0 0 1 0 0 0 0 0 1

4 Expert Evaluator Report 22


Case Types

Type 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
Contracts 0 0 0 0 0 0 1 0 0 0 1

Fraud & Misrepresentation 0 0 0 0 0 0 1 0 0 0 1

Intellectual Property - Patents 0 0 1 0 0 1 1 0 0 0 3

Intellectual Property: 0 0 0 0 0 1 0 0 0 0 1
Generally

Labor & Employment 0 0 1 0 0 0 0 0 0 0 1

Products Liability 0 0 1 0 0 0 1 0 0 0 2

Torts/Negligence 0 0 0 0 1 0 0 0 0 0 1

Awards

Award Amount 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total
$0 0 0 0 0 0 0 0 0 0 0 0

$1 - 49,999 0 0 0 0 0 0 0 0 0 0 0

$50,000 - 99,999 0 0 0 0 0 0 0 0 0 0 0

$100,000 - 199,999 0 0 0 0 0 0 0 0 0 0 0

$200,000 - 499,999 0 0 0 0 0 0 0 0 0 0 0

$500,000 - 999,999 0 0 1 0 0 0 0 0 0 0 1
$1,000,000 - 1,999,999 0 0 0 0 0 0 1 0 0 0 1

$2,000,000 - 4,999,999 0 0 0 0 0 0 0 0 0 0 0

$5,000,000 - 999,999,999 0 0 0 0 0 0 0 0 0 0 0

$1,000,000,000- 0 0 0 0 0 0 0 0 0 0 0
$999,999,999,999

4 Expert Evaluator Report 23


5 News Mentioning the Expert
This section includes information gathered from all news and wires on Westlaw, including newspapers, magazines, journals,
newsletters, government press releases, transcripts of television and radio shows and congressional testimony.

New Jersey: Celebrated Polymers Expert Morton Denn to Speak at Inaugural Marino Xanthos
Memorial Lecture
US Official News (Pakistan) March 10, 2015

-: Opportunities for Additives in the European and North American Engineering Plastics Industry
2015
M2 PressWIRE February 19, 2015

Plenary Speakers at SPE ANTEC Will Focus on Nanotechnology, Space Flight, and Additive ...
Association, Organization and Government News (Blog) February 09, 2015

'Tower' tells tales of landmark


Knoxville News-Sentinel, The (TN) Nov 02, 2014

Researchers Submit Patent Application, "System and Methods for Identifying Possible
Associations and Monitoring Impacts of Actual Associations...
Politics & Government Week Jul 17, 2014

Coming out ahead at ANTEC[R] 2014: winning ideas flowed freely at the Las Vegas event.
Plastics Engineering Jun 01, 2014

WIPO PUBLISHES PATENT OF BLUFLOW TECHNOLOGIES, INC. TITLED AS APPARATUS FOR


THE USE OF NANOPARTICLES IN REMOVING CHEMICALS FROM AQUEOUS SOLUTIONS...
Plus Patent News August 17, 2013

Researchers Submit Patent Application, Self-Cooling Compositions, Systems and Methods, for
ApprovalHeat Wave Technologies, LLC
Food Weekly News May 2, 2013

Australia: Alan Expert, John Doe, Scott Scientist, James Researcher, Richard Engineer, Christian A.
Inventor Receive Patent for...
Gov Australia Live April 11, 2012

St. Louis jury snuffs out Big Tobacco lawsuit


Missouri Lawyers Media May 8, 2011

US Patent Issued to BEC Companies on April 26 for Automated Material Handling System with
Load Transfer Vehicles (Florida Inventors)
US Federal News April 28, 2011

Tuesday, May 3.
Plastics Engineering March 1, 2011

5 News Mentioning the Expert 24


US Patent Issued to BEC Companies on Dec. 14 for Overhead Boat Storage System (Florida
Inventors)
US Federal News December 17, 2010

Patent No. 7,753,637 Issued on July 13 for Port Storage, Distribution System (Florida Inventors)
US Federal News July 14, 2010

Talking trash on new fuel for cars


Los Angeles Times April 22, 2009

New technology may be cleaner, better, faster


Gulf Shipper September 29, 2008

IBC Subsidiary Renewable Chemicals Corporation is Highlighted in Chemical and Plastics Industry
Publication
Business Wire August 11, 2008

Awards presented at ANTEC[TM] banquet.


Plastics Engineering July 1, 2008

SPE awards members at Antec gathering


Plastics News May 19, 2008

Nebraska Inventors Develop Energy-Absorption System


US Federal News October 2, 2006

BUSINESS DIGEST AROUND THE NATION AND WORLD


Charlotte Observer (NC) October 7, 2004

Late Additions to the ETP 2003 Conference Program


PR Newswire September 19, 2003

5 News Mentioning the Expert 25


6 Expert Publications
This section includes any publications by the subject in carefully selected Westlaw databases, including news wires,
newspapers, magazines, journals, newsletters, government press releases, transcripts of television and radio shows, and
congressional testimony. The section also contains results from an online search of theses, books, abstracts and articles.

PUBLICATIONS AVAILABLE ON WESTLAW


When CPVC pipes and fittings fail in hydronic heating systems.
Plastics Engineering April 1, 2012

The Sharks are Circling Parallel Importers of Trademarked Goods


Mondaq November 18, 2010

PUBLICATIONS AVAILABLE ON WESTLAW CITING JOHN H. DOE


70. Tanks and cylinders
American Law of Products Liability 3d Product Citator ALPL PC 70 Containers and Packaging

Liability of Cigarette Manufacturers


American Jurisprudence Trials 115 AMJUR TRIALS 1 Daniel J. Penofsky, J.D.

Settlement In Suit Alleging Defective Tank Made For Fire Truck


Verdicts, Settlements & Tactics 29 No. 6 Verdicts, Settlements & Tactics art. 55 William Jordan

PATENT SECURITIZATIONS, PATENTLY BAD IDEA? RISK/BENEFIT APPROACH REVEALS


POSSIBLE REASONS FOR LACK OF PATENT SECURITIZATIONS
Intellectual Property Law Newsletter 25 No. 1 Intell. Prop. L. Newsl. 4 Jeff Leung

REMEDIES FOR DOCUMENT DESTRUCTION: TALES FROM THE TOBACCO WARS


Virginia Journal of Social Policy and the Law 12 Va. J. Soc. Poly & L. 1 Sara D. Guardino , Lissy C.
Friedman, Richard A. Daynard

ROUGH JUSTICE AND THE ATTORNEY GENERAL LITIGATION


Georgia Law Review 33 Ga. L. Rev. 935 Wendy E. Wagner

528.Ladders
American Law of Products Liability 3d Product Citator Am. L. Prod. Liab. 3d, Prod. Citator
528Other Products

343.Lighters and lighter fluids


American Law of Products Liability 3d Product Citator Am. L. Prod. Liab. 3d, Prod. Citator 343
Firearms, Explosives, and Inflammables

1:127.Leading Technologies
Lawyers Desk Reference 10th Edition 1 Lawyers Desk Reference 9th 1:127 Expert Witnesses Harry
M. Philo, Harry M. Philo, Jr.

6 Expert Publications 26
1:128.Alphabetical listing of experts
Lawyers Desk Reference 10th Edition 1 Lawyers Desk Reference 9th 1:128 Expert Witnesses Harry
M. Philo, Harry M. Philo, Jr.

Settlement in Suit Against Manufacturer of Fire Starter Gel


Products Liability Advisory 303 Products Liability Advisory NL 9

Settlement In Suit Against Manufacturer Of Fire Starter Gel


Verdicts, Settlements & Tactics 34 No. 5 Verdicts, Settlements & Tactics art. 53 William Jordan

Settlement In Suit Alleging Defective Tank Made For Fire Truck


Verdicts, Settlements & Tactics 29 No. 6 Verdicts, Settlements & Tactics art. 55 William Jordan

PUBLICATIONS BY JOHN H. DOE AVAILABLE ONLINE


BOOKS
Modern Styrenic Polymers: Polystyrenes and Styrenic Coplymers
John Wiley and Sons, Mar. 2003
John H. Doe
wiley.com/WileyCDA/WileyTitle/productCd-0471497525.html

Parameter Estimation for Superimposed Weighted Exponentials


PN, 1996
John H. Doe
tinyurl.com/kx6qoy9

ARTICLES/PAPERS (FULL TEXT)


Factors Influencing Power Hand Tool Fastening Accuracy and Reaction Forces
Human Factors, vol. 56(4): 657-668, June 2014
John H. Doe, et al.
hfs.sagepub.com/content/56/4/657.full.pdf+html

When CPVC Pipes and Fittings Fail in Hydronic Heating Systems


Plastics Engineering, vol. 68(4), Apr. 2012
John H. Doe, Jack Wm. Doe, and Joe B. Doe
freepatentsonline.com/article/Plastics-Engineering/286254150.html

Estimation of Anisotropic Plastic Properties of Engineering Steels from Spherical Impressions


International Journal of Applied Mechanics, vol. 2(2): 355-379, 2010
John H. Doe, et al.
worldscientific.com/doi/pdf/10.1142/S1758825110000536

Design EngineersFast, Cheap, or GoodPick Any Two of the Three


International Journal of Engineering Education, vol. 17(4-5): 332-335, 2001
John H. Doe
ijee.ie/articles/Vol17-4and5/IJEE1245.pdf

6 Expert Publications 27
NCHRP Report 350 Evaluation of the Nebraska Thrie-Beam Transition
MwRSF Research Report No. TRP 03-70-98, May 1998
John H. Doe
ntl.bts.gov/lib/20000/20700/20776/PB98148729.pdf

Why Do PVC and CPVC Pipes Occasionally Fail?


Plastic Failure Labs
John H. Doe
californiasprinklerfitters.org/files/WhyCPVC-OccasFail.pdf

ARTICLES/PAPERS (ABSTRACTS)
Effects of O-3 and NO2 on the Natural Weathering of Plasticized Poly(vinyl chloride)
J. Vinyl Addit. Technol., vol. 17: 105-111, 2011
John H. Doe, et al.
tinyurl.com/ng7key5

Forces Associated With Pneumatic Power Screwdriver Operation: Statics And Dynamics
Ergonomics, vol. 46(12): 1161-1177, Oct. 10, 2003
John H. Doe, et al.
ncbi.nlm.nih.gov/pubmed/12933078

NCHRP Report 350 Compliance Testing of the Beam-Eating Steel Terminal System
Journal of the Transportation Research Board, vol. 1647: 130-138, 1998
John H. Doe
tinyurl.com/crghs7d

A Dynamic Mechanical Model For Hand Force In Right Angle Nutrunner Operation
Human Factors, vol. 39(3): 497-506, Sept. 1997
Samantha K. Doe, Robert G. Doe, and John H. Doe
ncbi.nlm.nih.gov/pubmed/9394642

Full-Scale 1,800 Lb Vehicle Crash Tests On A 4-Bolt Breakaway Slipbase Design


MwRSF Research Report No TRP-03-25-91, Aug. 1991
John H. Doe, et al.
trid.trb.org/view.aspx?id=412347

Full-Scale 4,500 Lb Vehicle Crash Test on the Permanent Precast Concrete Median Barrier
MwRSF Research Report No. TRP-03-24-90, Mar. 1991
John H. Doe, et al.
trid.trb.org/view.aspx?id=412346

Static Tests on Collapsing Guardrail Designs


MwRSF Research Report No. TRP-03-018-89, July 1989
John H. Doe, et al.
trid.trb.org/view.aspx?id=303532

6 Expert Publications 28
CONFERENCES/PRESENTATIONS
Simulated Helical Gear Pump Analysis Using a New CFD Approach
ASME Fluids Engineering Division Summer Conference, vol. 1(A-C): 445-455, Aug. 2, 2009
Asa S. Doe, James J. Doe, and John H. Doe
proceedings.asmedigitalcollection.asme.org/proceeding.aspx?articleid=1636636

The Development of a Continuum Hydraulic/Pneumatic Actuator for Enhancing Gripping


Function
ASME International Design Engineering Technical Conferences and Computers and Information in
Engineering Conference, vol. 8(AB):811-819, Sept. 4, 2007
John H. Doe, et al.
proceedings.asmedigitalcollection.asme.org/proceeding.aspx?articleid=1605291

Design, simulation, and validation of a bond graph model and controller to switch between pump
and motor operation using four on/off valves with a hydraulic axial piston pump/motor
American Control Conference, vol. 5: 360509, 2000
John H. Doe and David Doe
ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=879242

A Mechanical Model of Hand Force in Power Hand Tool Operation


Human Factors and Ergonomics Society Annual Meeting, vol. 39(10): 548-552, Oct. 1995
R.G. Doe, S. Doe, and J.H. Doe
pro.sagepub.com/content/39/10/548.full.pdf+html

DISSERTATION (ABSTRACT)
Development and Simulation of Energy-Absorbing Guardrail Terminal
Dissertations Publishing, DAI-B 58/03: 1425, Sept. 1997
John H. Doe
tinyurl.com/cst78kg

6 Expert Publications 29
7 Internet Research
This section contains citations to information gathered from online sources re the expert. It may include online profiles; videos;
blogs posts or comments; posts in online forum; conference or workshop agendas and personal information.

VIDEO/AUDIO
Why a Diagnostic Workshop with SpecialChem Commercial Acceleration?VideoJul. 4, 2014
tinyurl.com/qge7ssv

Plastics in Medical DevicesVideoAug. 8, 2012


tinyurl.com/pfqdzps

Poseidon RebreatherVideoJun. 15, 2009


youtube.com/watch?v=40rz_I5XaZE

Interview Session with John H. Doe (transcription available)AudioJun. 2009


tinyurl.com/maokhpw

The Design ProcessVideo


bmedesign.engr.wisc.edu/topics/process/the_design_process/#

Expert Witness: Forensic AnalysisVideo


rmbconsulting.us/video2

INTERNET PROFILES
University of Wisconsin-Madison profiles of John H. Doe
tinyurl.com/o8gupa5
discoveryportal.org/faculty.aspx?id=1949

Azo Materials profile of John H. Doe


azom.com/experts.aspx?iExpertID=218

Embedded Gurus profile of John H. Doe


tinyurl.com/pfcr6yx

Goodreads profile of John H. Doe


tinyurl.com/mhf72wn

Google Scholar profile of John H. Doe


tinyurl.com/kvsawch

PTI FastTrack Training Program profile of John H. Doe


tinyurl.com/p7ghkq7

Society of Plastics Engineers profile of John H. Doe


tinyurl.com/obcy69n

7 Internet Research 30
CONFERENCES/PRESENTATIONS
Polymer Composites with Hollow Glass Microspheres
Feb. 26, 2014: tinyurl.com/plpvclf
Apr. 2, 2012: tinyurl.com/oycamvz

Basic Rubber TechnologyJan. 23-25, 2014


tinyurl.com/p9hyly2

Case Studies in Accident Reconstruction and BiomechanicsDec. 13, 2011


tinyurl.com/7hgr885

Processing Behavior, Morphology and Benefits of Using Low-Density Hollow Glass Microspheres
in Polymer Wood CompositesMay 17, 2011
issuu.com/fpsusa/docs/biofiber_2011_program_vfinal/6

BLOGS/FORUMS
Nine Ways to Break Your Systems Code Using VolatileAug. 15, 2010
blog.softwaresafety.net/2010/08/nine-ways-to-break-your-systems-code.html

C Tips for Embedded ProgrammingFeb. 9, 2010


bogdangradinaru.wordpress.com/2010/02/09/c-tips-for-embedded-programming/

Identify the Key Points in the Omexus CaseNov. 25, 2006


gordonallan.blogspot.com/2006/11/identify-key-points-in-omexus-case.html

Dedication RewardedFeb. 1, 2004


canplastics.com/features/dedication-rewarded/

Large 8 Door (Leaf) Iris for a 2 Foot Diameter Round Window


joeinmadison.com/iris/iris.htm

JOHN H. DOE MATERIALS


The Benefits of Fusion Welding of Polyethylene Pipes in the Water IndustryFeb. 5, 2014
azom.com/article.aspx?ArticleID=10647

Five Questions with Product Design Expert John Doe2013


engr.wisc.edu/cmsdocuments/me-innovations-2013-tagged.pdf

New Space Engines May Trade Fuel for PhotonsFeb. 22, 2010
popularmechanics.com/space/deep-space/a6407/4346578/

Oxidative Degradation of High Density Polyethylene Pipes from Exposure to Drinking Water
DisinfectantsPowerPoint Presentation2010
tinyurl.com/jwqqef8

Efficient Centrifuge Enriches Nuclear Power Future: How it WorksDec. 17, 2009
popularmechanics.com/science/energy/a2757/4257042/

7 Internet Research 31
How to Use a Cyclotron Particle Accelerator to Fight CancerOct. 29, 2009
popularmechanics.com/science/health/a4990/4335465/

Facebook page of John H. Doe


tinyurl.com/kp953yn

Home page of Doe Enterprises, LLC


tinyurl.com/nfhmcr2

LinkedIn page of John H. Doe


tinyurl.com/m8gdd2c

Personal website of John H. Doe


tinyurl.com/p6enyrm

Stack OverflowBlog of John H. Doe


embeddedgurus.com/stack-overflow/

Twitter account of John H. Doe


tinyurl.com/o6u2f54

OTHER INTERNET POSTINGS


Plastics Hall of Fame to Honor Six LeadersFeb. 25, 2014
tinyurl.com/n3yxwnq

Cardan Gear Mechanism Versus Slider-Crank Mechanism in Pumps and EnginesFeb. 2008
tinyurl.com/ldvnehv

Veneer Bolt Spinout - A Problem of the PastFeb. 1982


andrewsforest.oregonstate.edu/pubs/pdf/pub618.pdf

Illinois Secretary of State Information regarding Doe Enterprises, LLC (searchable site)
ilsos.gov/corporatellc/

Political donations of John H. Doe


Jun. 8, 2001: docquery.fec.gov/cgi-bin/fecimg/?21990205548
Jan. 2, 2001: docquery.fec.gov/cgi-bin/fecimg/?21990041195

Variable Valve Timing Actuator Advertisement


tinyurl.com/qb5uycy

Clackamas County property information for John H. Does home


tinyurl.com/mn5czrb

Valuations of John H. Does home


tinyurl.com/lwqlakk
tinyurl.com/p5sx4rt

7 Internet Research 32
8 Expert Patents
This section includes any publications by the subject in carefully selected Westlaw databases and news wires. The information
contained in this section is pulled from newspapers, magazines, journals, newsletters, government press releases, transcripts of
television and radio shows and congressional testimony. The section also contains results from an online search of theses,
books, abstracts and articles.

U.S. PATENTS INVENTED BY/ASSIGNED TO JOHN H. DOE

Patent Title Filing & Inventor(s) Assignee Litigation


Application / Publication/ Activity or
Patent Number Issue Dates Change In
Status
US PAT 7931431 AUTOMATED MATERIAL FILING DATE BENEDICT, CHARLES E. 2010 WL 5463922
HANDLING SYSTEM WITH 09/05/2006 YATES, CHRISTIAN A.
US PAT APP LOAD TRANSFER VEHICLES BLADEN, SCOTT K.
20070065258 PUBLICATION DOE, JOHN H.
DATE DOBBS, JAMES R.
03/22/2008

ISSUE DATE
04/26/2011

US PAT 7909558 OVERHEAD VEHICLE FILING DATE DOE, JOHN H. 2011 WL 665074
STORAGE SYSTEM 05/02/2007 BENEDICT CHARLES E.
US PAT APP YATES, CHRISTIAN A.
20080075566 PUBLICATION BLADEN, SCOTT K.
DATE LACKINGER, RICHARD E.
03/27/2008 DOBBS, JAMES R.

ISSUE DATE
03/22/2011

US PAT APP PORT STORAGE AND FILING DATE DOE, JOHN H. 2010 WL 6535448
20110027059 DISTRIBUTION SYSTEM FOR 07/09/2010 BENEDICT CHARLES E.
INTERNATIONAL SHIPPING YATES, CHRISTIAN A
CONTAINERS PUBLICATION BLADEN, SCOTT K.
DATE 02/03/2011 LACKINGER, RICHARD E.
DOBBS, JAMES RE

US PAT 6416041 GUARDRAIL SYSTEM FILING DATE SICKING, DEAN LEO 1997 WL 34494471 2010 WL 3408299
12/26/1996 REID, JOHN DOUGLAS
FALLER, RONALD KEITH
ISSUE DATE DOE, JOHN H.
07/09/2002 ROSSON, BARRY THOMAS
ROHDE, JOHN ROBERT

8 Expert Patents 33
EUROPEAN PATENTS INVENTED BY/ASSIGNED TO JOHN H. DOE

Patent Title Filing & Inventor(s) Assignee


Application/ Publication/
Patent Number Issue Dates
EP PAT APP 2146894 PORT STORAGE AND FILING DATE BENEDICT, BENEDICT, CHARLES;
A2 DISTRIBUTION SYSTEM 03/02/2007 CHARLES PFEIFER, BRIAN;
FOR INTERNATIONAL DOBBS, JAMES DOBBS, JAMES;
SHIPPING CONTAINER PUBLICATION DATE BLADEN, SCOTT BLADEN, SCOTT;
01/27/2010 DOE, JOHN YATES, CHRISTIAN;
LACKINGER, AND LACKINGER,
RICHARD RICHARD

EP PAT APP 2081858 WAREHOUSE STORAGE FILING DATE DOE, JOHN, BENEDICT, CHARLES
A1 SYSTEM 05/03/2007 BENEDICT, E.; PFEIFER, BRIAN G.;
CHARLES E. YATES, CHRISTIAN A,;
PUBLICATION DATE YATES, CHRISTIAN BLADEN, SCOTT K.;
07/29/2009 BLADEN, SCOTT K. LACKINGER, RICHARD
LACKINGER, E.; AND DOBBS,
RICHARD E. JAMES R.
DOBBS, JAMES R.

EP PAT APP 2081818 OVERHEAD BOAT FILING DATE DOE, JOHN, BENEDICT, CHARLES
A2 STORAGE SYSTEM 05/03/2007 BENEDICT, E.; PFEIFER, BRIAN G.;
CHARLES E. YATES, CHRISTIAN A,;
PUBLICATION DATE YATES, CHRISTIAN BLADEN, SCOTT K.;
07/29/2009 BLADEN, SCOTT K. LACKINGER, RICHARD
LACKINGER, E.; AND DOBBS,
RICHARD E. JAMES R.
DOBBS, JAMES R.

EP PAT APP 2076641 OVERHEAD VEHICLE FILING DATE DOE, JOHN, BENEDICT, CHARLES
A2 STORAGE SYSTEM 05/03/2007 BENEDICT, E.; PFEIFER, BRIAN G.;
CHARLES E. YATES, CHRISTIAN A,;
PUBLICATION DATE YATES, CHRISTIAN BLADEN, SCOTT K.;
07/08/2009 BLADEN, SCOTT K. LACKINGER, RICHARD
LACKINGER, E.; AND DOBBS,
RICHARD E. JAMES R
DOBBS, JAMES R.

EP PAT APP GUARDRAIL SYSTEM FILING DATE DOE, JOHN KOTHMANN &
790765 A1 11/06/1995 SICKING, DEAN L. KOTHMANN, INC

PUBLICATION DATE
08/27/1997

8 Expert Patents 34
WIPO PATENTS INVENTED BY/ASSIGNED TO JOHN H. DOE

Patent Title Filing & Issue Inventor(s) Assignee


Application/ Dates
Patent Number
WO 2008108845 A3 PORT STORAGE AND FILING DATE BENEDICT, CHARLES BENEDICT, CHARLES
DISTRIBUTION SYSTEM 03/02/2007 DOBBS, JAMES DOBBS, JAMES
WO 2008108845 A2 FOR INTERNATIONAL BLADEN, SCOTT BLADEN, SCOTT
SHIPPING CONTAINERS ISSUE DATE DOE, JOHN DOE, JOHN
09/12/2008 LACKINGER, RICHARD LACKINGER, RICHARD

WO 2008039570 A3 OVERHEAD BOAT FILING DATE DOE, JOHN, DOE, JOHN,


STORAGE SYSTEM 05/03/2007 BENEDICT, CHARLES E. BENEDICT, CHARLES E.
WO 2008039570 A2 YATES, CHRISTIAN YATES, CHRISTIAN
ISSUE DATE BLADEN, SCOTT K. BLADEN, SCOTT K.
04/08/2008 LACKINGER, RICHARD E. LACKINGER, RICHARD E.
DOBBS, JAMES R. DOBBS, JAMES R

WO 2008039569 A3 OVERHEAD VEHICLE FILING DATE DOE, JOHN, DOE, JOHN,


STORAGE SYSTEM 05/03/2007 BENEDICT, CHARLES E. BENEDICT, CHARLES E.
WO 2008039569 A2 YATES, CHRISTIAN YATES, CHRISTIAN
ISSUE DATE BLADEN, SCOTT K. BLADEN, SCOTT K.
04/03/2008 LACKINGER, RICHARD E. LACKINGER, RICHARD E.
DOBBS, JAMES R. DOBBS, JAMES R.

WO 2008039568 A1 WAREHOUSE STORAGE FILING DATE DOE, JOHN, DOE, JOHN,


SYSTEM 05/03/2007 BENEDICT, CHARLES E. BENEDICT, CHARLES E.
YATES, CHRISTIAN YATES, CHRISTIAN
ISSUE DATE BLADEN, SCOTT K. BLADEN, SCOTT K.
04/03/2008 LACKINGER, RICHARD E. LACKINGER, RICHARD E.
DOBBS, JAMES R. DOBBS, JAMES R.

8 Expert Patents 35
Appendix One
(BACK TO CASE)
United States District Court, E.D. Louisiana.

Tammie WHITE,
v.
FLORIDA MARINE TRANSPORTERS.

No. 211CV01161.April 1, 2012.

Report of John Doe Ph.D.

Case Type: Maritime >> Jones Act


Case Type: Maritime >> Unseaworthiness
Case Type: Labor & Employment >> Work Place Injury
Jurisdiction: E.D.La.
Name of Expert: Dr. John H.Doe, Ph.D.
Area of Expertise: Engineering & Science >> Toxicologist

Representing: Defendant

Introduction and Qualifications

I am a senior toxicologist and director of toxicology at the Center for Toxicology and
Environmental Health, LLC (CTEH) specializing in risk assessment, exposure assessment, toxicity
evaluations, the evaluation of experimental design and methodologies, and assessing causal
relationships between chemical exposure and disease. My educational background includes a B.S.
in biochemistry with an emphasis in toxicology from Murray State University in 1993, and a Ph.D. in
toxicology from The University of Georgia in 2000. My current duties at CTEH include serving as
a consulting toxicologist; leading responses to, and providing toxicological support for hazardous
materials incidents; and providing toxicological support to care providers and workers with
potential chemical exposures. I have gained extensive knowledge and experience in the
mechanisms and toxicities of a wide range of compounds including chlorinated hydrocarbons,
volatile organic hydrocarbon solvents (VOCs) including trichloroethylene, polycyclic aromatic
hydrocarbons (PAHs), pesticides/herbicides, irritant gases, and heavy metals.

I have extensive experience with hydrogen sulfide exposure through my activities as an


emergency-response toxicologist. I have lead air monitoring teams addressing hydrogen sulfide
(H2S) environments of up 50,000 ppm, and industrial hygiene teams addressing H2S being
generated from weathered crude oil. I have personally sampled and monitored for H2S in a
number of situations ranging from tanks of weathered crude oil to oil well blowouts. I have also
addressed the clinical toxicology of hydrogen sulfide through the Worker Exposure Response
Program, addressing workers with serious exposures to hydrogen sulfide. I have attached a copy of
my curriculum vita in Appendix A.

Understanding of Allegations and Purpose of Report

Appendix One 36
It is my understanding that plaintiff, Mr. Tammie White, alleges exposure to harmful
concentrations of H H2S 2S while onboard the vessel BILL SEYMOUR, a Florida Marine
Transportation boat that had two barges in tow that were being loaded with vacuum gas oil (VGO)
in the early morning hours of January 24, 2011. He had initial complaints of dizziness, nausea,
vomiting, ringing in ears, nasal congestion, hearing loss, loss of balance, loss of consciousness,
and headache, which resolved in the days to weeks after the alleged exposure. The only long-term
health effects that he claims are hearing loss in his right ear, and loss of balance.

Documents Relied Upon

A list of the case-related documents I have relied upon is provided in Appendix B. In addition, I
have relied on scientific literature that is cited at the end of this report.

Description of the Alleged Exposure Incident

On January 23, 2011 at approximately 17:00, the BILL SEYMOUR, a Florida Marine Transporters
(FMT) towboat with two barges in tow (barges M401 and 403), was tied to dock number two at the
ExxonMobil Chalmette refinery located in Chalmette, Louisiana. The barges were facing upstream
(west), and the BILL SEYMOUR was moored to the downstream (east) end of the barges. Both
barges were to be loaded with vacuum gas oil (VGO) from the refinery. The VGO loading
commenced at 20:50 on January 23, and was completed on January 24 at 03:45, a period of six
hours and five minutes. The crew of the BILL SEYMOUR consisted of the Captain, Charles German;
the Pilot, Mr. White; Deckhand, Ryan Mills; and two tankermen, John Starcher and Rodger Enzor.
Mr. White and Captain German alternated 6-hour shifts, with the Captain being on duty from
06:00-12:00 and 18:00-24:00 and Mr. White being on duty from 00:00-06:00 and 12:00-18:00.
The loading operation is staffed by one tankermen on the dock who is assigned to bottle watch.
This individuals role is to monitor the fresh air canisters and distribute if needed and to serve in a
safety capacity in case significant H2S exposures occur. Bottle watch responsibilities were shared
by Mr. Enzor and Mr. Starcher. Mr. Starcher was on bottle watch on January 23 from 18:00-24:00,
and was relieved by Mr. Enzor from 00:00-06:00 on January 24. The loading is also staffed by two
tankermen present on the barges that oversee the loading operations. Their duties during the
loading operations include walking around the barge monitoring tanks for leaks, spills, water
going into the wing tanks, checking for H2S and safety checks. There were two tankermen present
during the loading operation, Mr. Roy Huval from FMT and Mr. Odley Banks from Accutrans. They
were both present for the duration of the loading operations. Additionally, Mr. Toni Ghirardi, a
surveyor from Saybolt was present on the barges during the loading process to sample the
product in the barges during the loading process. Both onshore tankermen and onboard
tankermen and the Surveyor wear H2S badge monitors, and have been trained in H2S awareness.

Captain German was on duty when the BILL SEYMOUR arrived at the dock and when the loading
was initiated at 20:50 on the night of January 23rd. He reports that he didnt smell any odors or
have any reports of H2S detections from the tankermen or bottle watch staff. Capt. German was
relieved by Mr. White around midnight on the 23rd. Mr. White and Capt. German had a shift
change meeting/job briefing at midnight; during this meeting, Mr. White did not talk about
smelling any odors or about feeling ill. When Captain German got off his shift, he went to his
bunkroom. He did not smell any odors and did not report any symptoms of illness that night.
(END OF EXCERPT)

Appendix One 37
Appendix Two
(BACK TO CASE)

2008 WL 8215311 (M.D.Pa.) (Expert Report and Affidavit)


United States District Court, M.D. Pennsylvania.

Wilson SOLT III,


v.
UNITED PLASTIC FABRICATION, INC.

No. 07CV01867.October 17, 2008.

Technical Report Expert Opinion on Cause of Failure during Hoisting of Elliptical Tank of John
Doe, Ph.D.

Case Type: Construction & Industrial Accidents >> Rigging


Case Type: Products Liability >> Tools/Equipment/Machinery
Jurisdiction: M.D.Pa.
Name of Expert: John Doe, Ph.D.
Area of Expertise: Engineering & Science >> Mechanical Engineer

Representing: Plaintiff

1. Qualifications of John Doe

Dr. John Doe is a Professor of Mechanical Engineering and Mechanics at Lehigh University. He
joined the faculty of Lehigh University in 1995 after working in industrial research and
development for 13 years. His research interests have focused on the development of
computational tools for the solution of complex manufacturing problems, including welding
simulation, semiconductor packaging, plastic processing, interface fracture, and thermal shock
behavior. Dr. Doe has developed a number of specialized finite element codes for analyzing
fracture behavior, welding simulation, and thermoforming of plastics. He received his Ph.D. and
M.S. degrees in Applied Mechanics from Lehigh University in 1981 and 1978 respectively, and his
B.S.M.E. from the University of Rochester in 1976. The first phase of Dr. Does career was spent at
GEs Corporate Research Center, where he made numerous contributions to modeling, analysis
and development of experimental methodologies involving large deformation characterization of
polymers, blow molding and thermoforming of thermoplastics, glass/metal seals for lighting
applications, and computational fracture mechanics. He has received 13 patents and a number of
prestigious industrial awards. As Professor of Mechanical Engineering at Lehigh University, Dr.
Doe has developed advanced computational methods for failure analysis, and the design of
semiconductor and optoelectronic packages. In 1997 he received an NSF CAREER Award for
research in designing with thermoplastics for structural applications, and in 2005 was elected a
Fellow of ASME (American Society of Mechanical Engineers). From 2002 - 2008 he served as
Chairman of the Department of Mechanical Engineering and Mechanics. In addition to teaching
courses on Strength of Materials, and Advanced Mechanics of Materials, Dr. Doe has given a
number of invited lectures at international symposia on polymer processing and simulation of

Appendix Two 38
welding processes. Dr. Does full CV as attached as an addendum to this document.

2. Documents and Information Reviewed

The following documents and information were reviewed by Dr. Doe when conducting this
analysis:

1. Deposition of Stan Wojnowski, United Plastic Fabrication, May 1, 2008.

2. Deposition of Michael Ashley, May 16, 2008.

3. Deposition of Wilson Solt, III, Aug. 26, 2008.

4. Deposition of Robert Pavlik, April 22, 2008.

5. Deposition of Frank Mertz, April 22, 2008.

6. Deposition of Derek Lebo, July 23, 2008.

7. Deposition of Jeremy Washousky, April 23, 2008.

8. Deposition of Edward Kline, April 24, 2008.

9. Deposition of Brian Mertz, July 23, 2008.

10. Deposition of John Shanosky, July 23, 2008.

11. Deposition of Brent Wiersma, May 2, 2008.

12. Deposition of Eri Visbeek, May 2, 2008.

13. Documents supplied by Gordon Einhorn labeled UPF001 - UPF0354.

14. Investigation Report, Accident with Injuries, by Edward W. Kline, Environmental, Health and
Safety Director, Kovatch Mobile Equipment Corp.

15. Results of Destructive Testing, Duane Priddy, 5/21/2008.

16. Expert Opinion Report, Duane Priddy, 9/5/2008.

17. Mechanical Testing Reports, Laboratory Testing Inc., Hatfield, PA, 7/15/2008 and 7/28/2008.

18. Expert Opinion Report, Dennis C. Deegan, 9/8/2008.

19. CD containing photographs taken by Dennis Deegan, Solt v. United Plastics 340/71734.

20. CD containing photographs taken by Dennis Deegan, Dr. Priddy, Matt Burkart, and MKA.

21. Expert Opinion Report, Matthew J. Burkart, Aegis Corp., 9/8/2008.

22. Expert Opinion Report, Raymond Pearson, Oct. 16, 2008.

23. ASME B30.20-1993, Below-the-Hook Lifting Devices

3. Background

Appendix Two 39
On the afternoon of Monday, July 9, 2007, a 3,500-gallon polypropylene elliptical tank fell,
injuring Mr. Wilson Solt. The accident occurred at Kovatch Mobile Equipment Corporation (KME),
in Nesquehoning, PA, shortly after the tank had been hoisted from a flatbed truck. The
polypropylene tank was manufactured by United Plastics Fabricating, Inc. (UPF) and had been
wrapped with a stainless steel covering at L. W. Tank, Inc. (LW), prior to delivery at KME. At the
request of Mr. Gordon Einhorn, of the law firm Thomas, Thomas & Hafer LLP, I conducted an
investigation to determine the cause of failure. In this capacity, I analyzed the loads acting on the
tank components and assisted in developing the appropriate experimental tests needed to
determine the loads required for the tank lifting pegs to fail.

The elliptical tank weighed 2940 lbs and was lifted from the flatbed truck using a double-legged
chain sling (the tanks weight was measured at KME shortly after the accident). Figure 1
schematically depicts the approximate orientation of the tank just before it fell. The tank was
oriented on the flatbed truck with the fill tower end of the tank closest to the rear of the truck. The
weight distribution for this particular tank is such, that the center of gravity is shifted away from
the tanks geometric center, towards the fill tower end of the tank, causing the tank to rotate as
shown in Fig. 1, when hoisted with the chain sling. Because of this rotation, the tank did not clear
the rear of the truck before the hoist had reached its maximum lift height. In an effort to get the
tank to clear the rear of the truck, Mr. Solt, with the help of another KME employee, Mr. Mertz,
lifted the tank a small distance and had the truck driver, Mr. Lebo, drive the truck out from
underneath the tank. Shortly after Mr. Lebo pulled the truck away, the tank fell, injuring Mr. Solt.
From all accounts, less than 1 minute elapsed before the tank fell after the truck had pulled away.

In the investigation conducted by KME shortly after the accident, it was observed that four lag
bolts, which are used to attach the lifting hardware to the tanks four lifting pegs, had pulled out
from the lifting pegs, causing the tank to fall. The lifting pegs are 4.75? long cylinders (2?
diameter) made from polypropylene plastic and are welded to the support structure on the interior
of the tank, i.e., they are embedded into the tank with their top surface slightly protruding from the
tank wall. The lifting pegs are an integral part of the elliptical tank structure and serve as the
attachment points for steel brackets that are bolted onto the lifting pegs using 1/2? diameter steel
lag bolts. In this instance the lag bolts used were 3? long (usually UPF supplies 3.5? lag bolts). The
two steel brackets have large diameter holes for connecting lifting chains to the tank. The usual
method for attaching a chain sling to the steel brackets is to use a hook and shackle arrangement.
UPF supplies a detachable 7/16? shackle that can be used with an appropriately sized hook. The
customer, in this case KME, provides that rest of the lift equipment, i.e., the hoist and sling chain
with hooks. Figure 2 contains a photograph showing the steel bracket and detachable shackle
supplied by UPF, with the actual hook and chain used by KME to lift the tank.

An engineering assessment of what caused the lag bolts to pull out from the polypropylene lifting
pegs, requires an analysis of the forces acting on the lifting attachments, as well as experimental
measurements of the loads (acting at the appropriate angle) needed to pull the bolts out of the
lifting pegs. If the computed loads acting on the tank are close to, or exceed, the measured bolt
pull-out loads, then the cause of the accident can be accurately pinpointed.
(END OF EXCERPT)

Appendix Two 40
Appendix Three
(BACK TO CASE)
2008 WL 5967275 (Fla.Cir.Ct.) (Expert Deposition)
Circuit Court of Florida,
15th Judicial Circuit, General Jurisdiction Division.
Palm Beach County

Josephine CANTWAY, as court-appointed guardian of Laura McGrath, an incompetent person,


and as guardian on behalf of Riley J. McGrath and Reece E. McGrath, Plaintiff,
v.
FEDERAL EXPRESS CORPORATION, a foreign corporation, Automotive Rentals, Inc., a foreign
corporation, and Shannon Lotito, Defendants.

No. CL 99-6082 AB.August 30, 2008.

Deposition of John Doe

Case Type: Vehicle Negligence >> Motor Vehicle v. Motor Vehicle


Case Type: Vicarious Liability >> N/A
Jurisdiction: Palm Beach County, Florida
Name of Expert: John Doe
Area of Expertise: Accident Analysis & Transportation >> Accident Reconstruction

Representing: Plaintiff
Appearances:
Searcy, Denney, Scarola, Barnhart & Shipley, by David K. Kelley, Esq.
Attorney for the Plaintiff.
Murray, Marin & Herman, by Ana Maria Marin, Esq. & David Herman, Esq.
Attorneys for the Defendants.

Also Present: Ralph Aronberg.

6971 N. Federal Highway

Boca Raton, Florida

Wednesday, 10:15 a.m.

taken on behall of the Defendants pursuant to a Notice of Taking Deposition

INDEX

WITNESS ... DIRECT CROSS

John Doe ... 3

EXHIBITS

Defendants ... Page

Appendix Three 41
41 ... 3

42 ... 3

43 ... 16

44 ... 22

45 ... 25

46 ... 39

47 ... 125

48 ... 125

49 ... 125

MR. KELLEY: Weve agreed and we have remarked Dr. Dabbahs consultation report of Laura
McGrath that is marked as Exhibit 40. It is now correctly marked as Plaintiffs Exhibit 41, and the
Exhibit 40 is the newspaper photograph of Shannon Lotito identified by Mr. Grimes at his
deposition. That is the correct 40.

So we will start this deposition today with Exhibit 42.

MS. MARIN: Whats the date of Dr. Dabbahs medical note?

MR. KELLEY: The consultation report, I believe, is the date of the collision, which I believe is the
15th, dictated on the 15th and transcribed on the 16th.

MS. MARIN: Thank you.

(The document referred to was marked for identification as Plaintiffs Exhibit 41, and a subsequent
document was marked as Defendants Exhibit 42.)

Thereupon:

JOHN DOE was called as a witness and having been first duly sworn, was examined and testified
as follows:

DIRECT EXAMINATION

BY MR. HERMAN:

Q: Please state your full name.

A: John Doe

Q: And your professional address?

A: 6971 North Federal Highway, Boca Raton, Florida.

Q: Mr. Doe, Im going to show you whats been marked as Defendants Exhibit Number 42 and ask
you to turn your attention to Schedule A, which begins after page two of the subpoena,numbered
paragraphs 1 through 10.

Appendix Three 42
A: Yes.

Q: Ask you to please read paragraph one to yourself.

A: (Witness complies).

A: Yes.

Q: Did you bring documents responsive to paragraph one of Schedule A?

A: Yes.

Q: Would you please identify them?

A: Starting with my case file, I have a preliminary case information and progress sheet. I have a
request from our office dated June 21, 1999 to the Searcy, Denny law firm, a request for
information on this new case which just came in.

Q: Rather than identify everything with particularity, at this point I would just ask you to identify
generally parts of your file which are responsive to paragraph one of the subpoena.

MR. KELLEY: David we cant do that. That may take a lot of time. He really hasnt seen that
schedule, the way weve been short noticing these things.

What he has on this table is everything that he has in the case, and maybe the easiest way is just
mark everything. I mean we can take that kind of time --

Q: Okay, lets do it this way. Mr. Doe, will you please read paragraphs 1 through 10 to yourself of
Exhibit Number 42?

A: All right.

Q: Is everything responsive to paragraphs 1 through 10 before us today?

A: Yes.

Q: Is there anything that would be responsive to paragraphs 1 through 10 of Schedule A which is


not before us today?

Mr. Kelley sees to be pointing to paragraph number 10.

MR. KELLEY: Yes, thees one down here, number 10, any and all records reflecting any prior cases
which -- I feel quite certain theres nothing on this table. Youre literally asking him to produce
everything, the way I read that, in his career.

Do you have anything on this table other than this case?

A: The only other thing that would pertain to item 10 would be the list of deposition and trial
appearances, so in some ways that could correlate with a couple of items in your Schedule A.

Q: Can I see the list of depositions and trials?

A: Yes.

(END OF EXCERPT)

Appendix Three 43
Appendix Four
(BACK TO CASE)
2007 WL 7003999 (E.D.N.C.) (Partial Expert Testimony)
United States District Court, E.D. North Carolina,
Western Division.

FARRAR & FARRAR DAIRY, INC, and Farrar & Farrar Farms, a North Carolina General
Partnership, on behalf of itself and all others similarly situated, Plaintiffs,
v.
MILLER-ST. NAZIANZ, INC, Defendant.

No. 5:06-CV-160-D1.December 17, 2007.

Video Deposition of: John Doe, Ph.D.

Name of Expert: John Doe, Ph.D.


Area of Expertise: Agriculture & Forestry >> Agricultural Engineer
Case Type: N/A >> N/A
Case Type: Class Action >> N/A
Case Type: Products Liability >> Tools/Equipment/Machinery
Jurisdiction: E.D.N.C.

Representing: Plaintiff

TAKEN BY: Counsel for the Defendant

TIME: 9:14 a.m. - 2:07 p.m.

PLACE: Office of Akerman Senterfitt

401 East Jackson St, Suite 1700

Tampa, Florida 33602

REPORTED BY: RUTH A. CARNEY, RPR

Notary Public

State of Florida at large

from these bags?

A I dont recall the exact number. It was several samples.

Q And why dont you describe for me the process of your failure analysis, the steps that you take --
took to analyze these bags?

A We, excuse me, analyzed first using optical microscopy. We measured the layer thickness, the
composition of the bags; we used infrared spectroscopy to identify the composition of each of the
layers.

Appendix Four 44
First of all, we saw that there was three layers. We separated the layers, analyzed the compo -- the
chemical composition of each layer, measured the thickness of each layer. We performed a
permeability or barrier measurements against oxygen, and noticed there was no barrier. Oxygen
went right through the bags, as if they werent even there. Then on further examination we noticed
actual pinholes in the bag, and thats why it had no barrier to oxygen.

We also noticed under the optical microscope severe abrasion of the inside surface of the bags.
And thats what led to the con -- the expert opinion that it was the abrasion of the shelled corn
that led to the failure.

Q Tell me about the composition of the bags that you examined in connection with that case.

A The outer layer was polyethylene; it was filled with titanium dioxide.

If you need me to spell anything, let me know.

The middle layer was EVA, or ethylene vinyl acetate copolymer. The inside layer was polyethylene
filled with carbon black.

Q Was the outer layer white?

A Yes.

Q Middle layer white?

A Middle layer was clear.

Q Inner layer was black?

A Yes.

Q Had you ever examined a silage bag before you were retained in the Up North litigation?

A No.

Q And this is gonna be a broad question, but do your best to answer it.

A Uh-huh.

Q Is there any -- in your 30-year career at Dow and then subsequent consulting work, is there a
similar product to a silage bag that youve done any sort of substantive work relative to?

A Just polyethylene film in general.

Q Okay. And -- and I -- if youd help me a little bit, is polyethylene film, is it correct that thats all
three layers? Theres polyethylene film in -- is that the entire product; is polyethylene film with
respect to the -- lets just talk about the Up North Ag-Bags?

A Well, its a laminated tri-layer structure.

Q Okay.

A With two of the layers being polyethylene and the middle layer being a copolymer.

Q Okay. What other products have you worked with that a component of which is polyethylene
film?

Appendix Four 45
A Shrink wrap. Thats it.

Q I thought you were thinking, Im sorry.

A Oh, no.

Q Okay. When did you work with shrink wrap?

A 2004.

Q What did you do with shrink wrap?

A Investigated its flammability properties.

Q Was that on behalf of a shrink wrap manufacturer?

A Yes.

Q What was the name of that company?

A Up North.

Q Is that in connection with litigation?

A Yes.

[Note: Pages 20-22 missing in original document]

material, its called.

Its more elastomeric, if you will.

Q The EPM?

A EPDM is more elastomeric than polyethylene.

Q Stretchy, more stretchy?

A Yes. Yes.

Q You mentioned -- you described your failure analysis for the Up North manufactured bags and
you mentioned infrared something, and I --

A Spectroscopy.

Q Spect?

A Spectroscopy. Thats s-p-e-c-t-r-o-s-c-o-p-y.

Q Okay. And what is that particular test used for again?

A It generates a chemical fingerprint. Every material has a unique infrared spectrum which no
other molecule or plastic -- its like human DNA almost. So its used to identify materials. With
fingerprint matching it actually -- a computer sorts through the library of infrared spectra until it
gets a match and then tells you what the material is.

(END OF EXCERPT)

Appendix Four 46
Appendix Five
(BACK TO CASE)
2000 WL 35640000 (S.D.Cal.) (Expert Deposition)
United States District Court, S.D. California,
Charleston Division.

Donald A. LABELLE, as Personal Representative of the Estate of Christine Lezzo LaBelle,


Deceased, Plaintiff,
v.
Philip MORRIS, Incorporation (Philip Morris, U.S.A.), Liggett & Myers, Inc., the Brooke Group
Limited, and Liggett Group, Inc., Defendants.

No. 2:98-3235-23.July 20, 2000.

Deposition of: John H. Doe, Ph.D.

Name of Expert: John H. Doe, Ph.D.


Area of Expertise: Engineering & Science >> Chemistry
Case Type: Products Liability >> Tobacco-Cigarettes
Jurisdiction: S.D.Cal.

Representing: Plaintiff
Appearances of Counsel:

For the Plaintiff: Ness, Motley, Loadholt, Richardson & Poole


By: Jerry Hudson Evans, Esq.
28 Bridgeside Boulevard
Mount Pleasant, South Carolina 29465
(843) 216-9134.

For Defendant Philip Morris, Incorporated: Hunton & Williams


By: Brian V. Otero, Esq. and Kevin S. Webb, Esq. and Virginia W. Powell, Esq.
Riverfront Plaza
East Tower
951 East Byrd Street
Richmond, Virginia 23219
(804) 788-8683 and Shook, Hardy & Bacon, LLP
By: Peter M. Henk, Esq.
Chase Tower
600 Travis Street
Suite 1600
Houston, Texas 77002-2911
(713) 227-8008.

For Defendants Liggett & Myers, Inc., The Brooke Group Limited, and Liggett Group, Inc.: Sweeny,
Wingate, & Barrow, P.A.
By: Everett A. Kendall, II, Esq.
1515 Lady Street

Appendix Five 47
Columbia, South Carolina 29211
(803) 256-2233.
Also Present: J. Andrew Reynolds, Paralegal Barry Varanese, Videotape Operator.
Location: Hyatt Regency Irvine
17900 Jamboree Road
Irvine, California
Reporter:
Diane B. Hoffman, CSR
Certificate No. 5312
Deposition of John H. Doe, Ph.D., taken before Diane B. Hoffman, Certified Shorthand Reporter for
the State of California, Certificate Number 5312, commencing at 8:59 a.m., Thursday, July 20,
2000, at the Hyatt Regency Irvine, 17900 Jamboree Road, Irvine, California.

INDEX

WITNESS: John H. Doe, Ph.D.

EXAMINATION BY: PAGE

Mr. Otero ... 6, 281

Mr. Evans ... 278

EXHIBITS FOR IDENTIFICATION:

Defendants:

1 - Notice of Deposition ... 7

2 - Plaintiffs Identification of Experts ... 7

3 - The Chemists Code of Conduct ... 23

4 - Affidavit of John H. Doe ... 173

5 - Philip Morris Internal Report ... 212

6 - List of Tobacco Ingredients in All Brands ... 260

7 - Envelope Addressed to John H. Doe, Return Receipt Requested ... 276

INFORMATION REQUESTED:

(None)

THURSDAY, JULY 20, 2000 - IRVINE, CALIFORNIA

8:59 A.M.

THE VIDEOTAPE OPERATOR: Good morning. My name is Barry Varanese. Im a videotape


operator with Rosemary Schwartz & Associates located in Santa Ana, California.

This is the videotaped deposition of John Doe, Ph.D., beginning at 9:00 oclock a.m. on July 20th,
2000 in the matter of Donald LaBelle versus Philip Morris, Incorporated, et al. Case No. 298-

Appendix Five 48
3235-23, taken at 17900 Jamboree Road, Irvine, California. This deposition is being taken on
behalf of the defendants.

May we please have introductions beginning with the doctor.

THE WITNESS: My name is John Doe.

MR. EVANS: Jerry Evans, counsel for the plaintiff.

MR. KENDALL: Everett Kendall, counsel for Liggett & Myers.

MR. HENK: Pete Henk, Shook, Hardy & Bacon in Houston for Philip Morris.

MS. POWELL: Virginia Powell of Hunton & Williams for Philip Morris.

MR. REYNOLDS: Andrew Reynolds, paralegal, for Philip Morris.

MR. WEBB: Kevin Webb, Hunton & Williams, for Philip Morris.

MR. OTERO: Brian Otero, also of Hunton & Williams and representing Philip Morris.

Good morning, Dr. Doe.

THE VIDEOTAPE OPERATOR: You may swear the doctor.

John H. DoeJohn Doe, Ph.D., called as a witness by and on behalf of the Defendants, and having
been first duly sworn by the Deposition Officer, was examined and testified as follows:

EXAMINATION

BY MR. OTERO:

Q Dr. Doe, I gather that having testified a number of times, you know the rules. Im going to ask
you questions, and youre supposed to give me answers. If you want to take a break at any time, let
me know, well take a break. Ill be calling a break myself to get some coffee probably in a few
minutes.

I want to ask you first off, have you seen the Notice of your deposition in this case?

A Yes, I have.

MR. OTERO: Okay, and well just mark that for the record as Exhibit 1 if we could.

(The documents referred to were marked by the Deposition Officer as Defendants Exhibits 1 and 2
for identification and are annexed hereto.)

Q BY MR. OTERO: And Ill ask you if whats been marked as Exhibit 1 is in fact the Notice that you
understand to be for your deposition today.

A Yes.

Q Okay, and then Exhibit 2 is plaintiffs identification of experts in this case. Have you seen this
document before?

(END OF EXCERPT)

Appendix Five 49
L-379822

Você também pode gostar