Expert Witness & Litigation Support

Overview

Expert Witness & Litigation Support

Problems that occur when storing, conveying, or processing powders and other bulk solids sometimes lead to litigation. Examples include: structural failure of silos, serious injury or death caused by solids equipment not performing as designed, inability to meet contract performance guarantees, fires or explosions when operating bulk material handling equipment.

Support

Our Experts

Most litigation support is provided by Dr. John Carson, President Emeritus for Jenike & Johanson, or Brian Pittenger, Vice President of Jenike & Johanson. Several other senior engineers assist our litigation support team, including Jim Prescott, Eric Maynard, and Dr. David Craig.

This team has the necessary theoretical knowledge of how bulk solids behave and over four decades of practical knowledge in real world applications. Dr. Carson’s unique, specialized knowledge in this field is possessed by few others in the world. Since he spends most of his time solving industrial problems — not on litigation support — Dr. Carson is able to provide seasoned advice and credible testimony. He has assisted in nearly 100 legal matters, been deposed over 20 times, and appeared at more than ten trials. He has been judged qualified to testify in both federal and state courts, and has also testified at arbitrations and mediations.

Engineering Experience

Brian Pittenger brings another 34+ years of engineering experience to our litigation team. Since joining J&J, he has designed bulk solids storage and handling systems ranging from conditioning and purging silos for food, chemicals, and petrochemicals, to simple and accurate batch dosing systems in processing plants, to developing anti-segregation systems for powdered metals and pharmaceuticals. During his career as a bulk solids processing expert, he has been involved in over 500 projects and visited and assessed hundreds of bulk solids processes.

Applications

Typical Applications

Liability Claims
Contract Disputes
Worker Safety
Workers’ Comp
Negligence
Patent Infringement

Testimonial

What Our Clients Say

Jun Wang, FCIarb FSIArb FACICA FAMINZ Dispute resolution Lawyer in Asia Pacific:

The client’s insurer and I attended a mediation with all parties to the litigation. At this point, we have reached a tentative settlement of all claims with all parties on behalf of our client.

Although the terms of the settlement are confidential, I can say that given the magnitude of the potential liability and claims being made, the tentative settlement reached is quite favorable. I should also say that your advice on the issues in this case throughout has been invaluable in guiding us to this denouement, for which I thank you on behalf of myself, my co-counsel and for our client.

John Carson is highly skilled as an expert witness in the field of storage, flow, and processing of bulk solids in the context of complex and high-value international arbitrations. I have worked with him and can say from experience that he is very capable of analyzing and finding a way to present complex technical matters in a clear and concise manner and therefore providing arbitrators with the best opportunity to reach the “right” answer to fiercely contested issues between parties in major international disputes. I certainly look forward to working with him again where the next appropriate issues arises.

Project Examples

Expert Witness & Litigation Support

Equipment supplier accused of negligence when workers were injured from uncontrolled powder flow from a storage vessel
Owner accused an equipment supplier of providing defective equipment because it was unable to meet performance guarantees
Owner accused an engineering firm of negligence with a bulk solids compaction/agglomeration system
Engineering firm accused of negligence in design of foundation under a silo complex that settled and caused damage to a set of storage bins
Owner accused of negligence in the death of a worker in a farm silo
Owner accused a supplier of negligence that resulted in fires and dust explosions in their plant performing powdered paint coating