Industrial engineering expert witnesses are often called upon to offer expert opinions on lawsuits involving safety-related matters, such as hazardous tasks and workplace environments. The goals of an industrial engineer include determining the most efficient manner of operation while maintaining workplace safety. Employees, finances, machinery, and technological systems are each optimized by industrial engineers to create the most sufficient means of industrial production, whether the particular industry is providing a service or manufacturing products.
Professional liability, product liability, intellectual property, personal injury, and other such issues may all be related to a lawsuit involving industrial engineering. Expert witnesses in this area may also be asked to assess a situation based on an accident investigation and reconstruction, as occupational safety and health (OSHA) is an integral aspect of the field. Security, safety management, and safety warnings must be properly implemented throughout the industrial engineering field to ensure both customer and worker safety.
ForensisGroup has been providing attorneys with highly credible experts since 1991. Submit an expert request form or contact us for more information on finding the right industrial engineering expert witness.
U.S. District Judge Susan Richard Nelson in Minnesota recently determined the extent to which the attorney-client privilege protected a law firm’s preparations with an employee/expert under Rule 26(a)(2)(B).At the heart of this dispute was Plaintiff's decision to designate a non-reporting, testifying expert witness pursuant to Rule 26(a)(2)(C). The individual was a named inventor on five of the asserted patents in the underlying action and was one of the founding members of Plaintiff's predecessor-in-interest, as well as Plaintiff’s paid consultant on design and development of new products and development of patent strategy.The parties made cross-objections to Magistrate Judge Franklin L. Noel's order granting Defendants' motion to compel compliance with an earlier order. Plaintiff objected to the order, arguing that its interpretation of the scope of the waiver of attorney-client privilege triggered by the testimony of a non-reporting expert witness was overly broad. In contrast, Defendants agreed with the ruling, but objected to the decision to grant Plaintiff an additional 21-day period to decide whether to accept disclosure of privileged communications or withdraw its non-reporting expert and maintain the privilege.Plaintiff first identified the patent expert as an individual "likely to have discoverable information" in its Rule 26(a)(1)(A) disclosure. Defendants responded by serving him with a document subpoena and deposing him as a fact witness. Plaintiff objected to every one of Defendants' document requests on privilege grounds and instructed its expert not to answer certain questions during his deposition.Plaintiff filed its Rule 26(a)(2)(C) disclosure, identifying the expert as a proposed non-reporting expert witness, and Defendants moved to require the patent expert to submit an expert report pursuant to Rule 26(a)(2)(B). The Magistrate said no, finding that because the expert was not specially retained to provide expert testimony, but rather would testify on the basis of percipient knowledge, he wasn’t subject to Rule 26(a)(2)(B). Defendants then moved for an order overruling the expert's privilege objections to his earlier discovery responses, arguing that by putting the patent expert forward as a non-reporting expert witness under Rule 26(a)(2)(C), Plaintiff waived attorney-client privilege as to materials provided to the expert for his testimony. Plaintiff argued that the 2010 amendments to the Federal Rules, which created the distinction between reporting and non-reporting expert witnesses, said that attorney-client privilege would be waived only in limited circumstances not present here.The Magistrate agreed with Defendants, noting that the state of the law on expert testimony and waiver of privilege prior to the 2010 amendments generally held that all documents and information disclosed to any testifying expert in connection with his testimony, including any communications with attorneys, were discoverable by the opposing party.Magistrate Noel then considered if the 2010 amendments changed this rule and noted that while Rule 26(b)(4)(C) provides explicit protection for some communications between a party's attorney and reporting experts, it’s silent as to whether communications with a non-reporting expert are similarly protected. The rule states that "Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any witness required to provide a report under Rule 26(a)(2)(B), regardless of the form of the communications, [except in three enumerated circumstances]."Looking to the advisory committee notes for the 2010 amendments, the Magistrate determined ultimately that they "did not change any existing precedent regarding privilege waiver of non-reporting experts that existed prior [to 2010]." Because there was no dispute between the parties that prior to 2010 all documents and information considered by a testifying expert were subject to discovery, he concluded that "any documents and information considered by . . . the expert in connection with his expert testimony, including communications with attorneys are discoverable." The Magistrate then gave Plaintiff a choice to either produce all such documents within 21 days, or, if it preferred to maintain its privilege, withdraw the designation as a non-reporting expert witness.Plaintiff notified Defendants that it would go ahead with the expert as a non-reporting expert witness and produced additional documents it said were all of documents not previously disclosed that had been considered by the patent expert in connection with his proposed testimony. Defendants moved to compel compliance with the Magistrate's order, arguing that Plaintiff's privilege log identified hundreds of documents and other communications considered by the expert but not disclosed, in violation of the order. Plaintiff responded with a motion for a protective order limiting the scope of Defendants' discovery requests.The dispute focused on the proper interpretation of the word "considered" in the order and whether the term should be interpreted broadly to encompass all materials that the expert "generated, saw, read, reviewed, and/or reflected upon"—whether he ultimately relied upon them in forming his opinions or not; or interpreted narrowly to mean just the documents actually used by the expert. The Magistrate again agreed with Defendants, concluding that "the ambit of the term 'considered,' in the context of Rule 26(a)(2)(C) discovery, . . . encompasses material not only used, but generated, seen, reviewed, and/or reflected upon." Rather than immediately require production of the withheld documents, however, the Magistrate again gave Plaintiff 21 days to elect to withdraw the patent expert 's designation as a non-reporting expert witness.Both parties filed objections to the Magistrate’s order. Plaintiff argued that the magistrate’s reading of the scope of the waiver of attorney-client privilege went well beyond the limited waiver envisioned by the framers of the 2010 amendments and beyond the bounds set by prior precedent. Defendants agreed with the Magistrate's interpretation of the scope of waiver, but argue that it was error to grant Plaintiff yet another 21-day period in which to reconsider its election of witness a non-reporting expert witness.Judge Nelson noted that in analyzing Plaintiff's objection, she had to consider what issues were properly before the Court. While the Magistrate’s two orders were intertwined, they settled different issues. The earlier order considered the issue of whether the 2010 amendments to Rule 26, which first created the distinct categories of reporting and non-reporting expert witnesses, changed the pre-existing law regarding waiver of privilege as to communications involving experts. The Magistrate found that the amendments established new protections for communications involving reporting expert witnesses, but that those privileges were not intended to extend to non-reporting expert witnesses. The Magistrate determined that the 2010 amendments to Rule 26 didn’t change the law of waiver of privilege existing prior to the amendments—at least as applied to non-reporting expert witnesses.Plaintiff had 14 days to file objections to the Magistrate's order or waive any assignment of error, and didn’t object to the court's decision on waiver of privilege and non-reporting expert witnesses. As a result, Magistrate Noel's conclusion of law that pre-2010 case law on waiver of privilege continued to govern non-reporting expert witnesses wasn’t properly before the Court. Judge Nelson said what was properly before the court was the much narrower matter of the later order: what scope to give to the waiver of privilege attached to the patent expert 's testimony as a non-reporting witness. In light of the earlier order, Nelson explained that answering this question required little more than looking to see whether the magistrate judge properly applied the law of waiver as it stood prior to 2010.As the Magistrate noted, the waiver of privilege attached to the expert 's status as a non-reporting expert extends to any materials considered in connection with his proposed testimony. Courts have clearly and repeatedly recognized that the term "considered" is to be interpreted broadly in this context, and as a result, the scope of waiver wasn’t limited by subjective questions of whether the expert actually relied on or used the documents and information to which he was exposed in crafting his opinion. The critical point was that he was exposed to those materials. Judge Nelson found that this rule recognizes that part of the purpose of expert discovery is to discover not just the information that the expert used in reaching his conclusions, but also what information he ignored or failed to properly incorporate into his analysis. In light of such considerations, the Magistrate, she said, was correct to hold that "the ambit of the term 'considered,' in the context of Rule 26(a)(2)(C) discovery, . . . encompasses material not only used, but generated, seen, reviewed, and/or reflected upon"… a position that was well supported both by pre- and post-2010 case law.In the alternative, Plaintiff asked the Court to grant it leave to re-designate the expert as a reporting expert pursuant to Rule 26(a)(2)(B). The Magistrate considered the request and rejected it, concluding that Plaintiff was well-advised of the duties imposed by designating the expert as a non-reporting expert witness. Such decisions are well within the discretion of the magistrate judge. Moreover, the judge held that Plaintiff had the opportunity for years to designate the patent expert as a reporting expert but chose not to do so, and would not be permitted to do so at this point.Because more than 21 days had elapsed since Magistrate Noel's order was issued, Judge Nelson modified the period of election to seven days. If Plaintiff wanted to proceed with the witness as a non-reporting expert witness, it had to produce the materials specified within that time. Otherwise, if it wanted to maintain its privilege, it had to withdraw the expert's designation under Rule 26(a)(2)(C). Luminara Worldwide v. RAZ Imports, Case No. 15-cv-03028 (SRN/FLN), 2016 U.S. Dist. LEXIS 158183 (D. Minn. November 15, 2016)
With over 35 years of experience in Agricultural & Industrial Equipment, my focus is in product engineering, business development, field and customer support, market research, territory management, quality engineering, and public relations. I have provided consultations, deposition, and courtroom testimony for more than 25 years as an agricultural farm equipment expert witness in Kansas and Indiana.
With over 20 years experience in the field of civil engineering, I have worked on the design of highways and streets, traffic studies, rail spurs, small bridges, culverts, drainage improvements including lined and unlined open channels, site grading and drainage plans ranging from 0.25 acres to hundreds of acres, industrial site designs, facility/port security planning, hydraulic and hydrologic studies, water and sanitary sewer systems, State Highway design changes and access permit coordination, FEMA flood map revisions, Coastal and storm water permitting, Corps permitting, pipeline routing and detailed design, and other infrastructure projects. I have also spent more than a decade working as a civil engineering expert witness in Alabama. I have provided consultations, courtroom testimony, and deposition to numerous clients.
My career of over 20 years in the field of mechanical engineering has specialized in finite element analysis, strain gage testing, mechanical design, and fatigue design. I have additional knowledge in linear and non-linear studies, contact analysis, bolted joints, welds, fatigue, modal analysis, and both steady state and transient thermal studies, including thermal-structural interactions.
I have more than 35 years of experience in the field of Industrial Engineering and Supply Chain Management. I have a strong Military career, retiring at the rank of Colonel from the U.S. Air Force. I am Managing Principal of a professional business consultancy with a wise breadth and spectrum of analysis and experience in Supply Chain Management, Systems and Industrial Engineering, Information Technology-Logistics, Higher Education Administration and Governmental Contracting at Federal, State and Local levels addressing strategic matters in for profit commercial and as well as non-profit organizations and companies. I have over 15 years of expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 35 years of experience in the field of Forensic Engineering and Consulting with expertise in providing accident reconstructions and analyses of mechanics of the accident occurrence, associated Impact Biomechanics, Mechanisms of Injury, and Kinematics. I have determined relationships of associated claimed injuries to accident mechanics and have evaluated numerous Human Factors issues including warnings, lighting, perception-reaction processes, Impending lmpact Zone, and product designs. I have over 20 years of expert witness experience with consultation, deposition, and courtroom testimony.
I have more than 25 years of experience in due diligence (investments), global electronics manufacturing of medical, automotive electronics, communications equipment, and other advanced technology products. Since 1999, I have worked as an independent consultant to major corporations on key issues related to electronic manufacturing services (EMS). I offer my clients an uncommon set of experience and skills – broad industry knowledge; world-class research and analysis, contract preparation, creative and persuasive report writing, all needed for successful results in complex litigation projects. I have experience with PCBA/SMT production, supply chain management, cost reduction, new product introduction (NPI), contract negotiation, business consulting, and have provided important first-hand foundational understanding of outsourcing risks and opportunities. I have over 5 years expert witness experience with consultations and deposition.
I have more than 25 years experience in leading highly autonomous technology development, manufacturing, and sales organizations. I have been involved in creating defensible intellectual property positions with supplier, distributor and customer contracts as well as appropriate HR policies in both the US and key Asian and European territories. I have worked producing industrial process measurement and control equipment based on x-ray, nuclear and optical technologies. I have held progressive positions in product sales, cost reduction, start-up operations, new business, engineering, business consulting, product design and cost controls with different US and British entities. My track record includes significantly increasing sales volumes, penetrating competitive markets and supporting the production of cutting-edge semiconductor products. My expertise includes target marketing, team formation, technical research, and customer satisfaction.
I have over 30 years experience as an Industrial Engineer specializing in Distribution and Manufacturing Consulting. My expertise includes safety, warehousing, transportation, material handling, store operation, and manufacturing. I have more than 25 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 40 years experience in engineering, manufacturing, and management, specializing in forensic engineering and accident reconstruction. My expertise includes: lifts, hoists, jacks, cranes, industrial machines, hydraulic equipment, tools, material handling, fork lifts, aerial work platforms, loaders, automotive lifts, and scissor lifts. I have additional expertise in product safety, product failures, product liability, testing, compliance with standards (American National Standards Institute (A.N.S.I.) and International Organization for Standardization (I.S.O.)), and compliance with regulations (Occupational Safety and Health Administration (O.S.H.A.), Environmental Protection Agency (E.P.A.), and Department of Transportation (D.O.T.)), and adequacy of warnings, instructions, and labels. My experience includes the development of explanatory exhibits and the preparation of evidence for trial. I have over 20 years expert witness experience with consultations, deposition, and courtroom testimony.
I have 40 years experience in human factors / ergonomics, safety, industrial ergonomics, and systems engineering. I have more than 35 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 50 years experience as a Laboratory Director specializing in mechanical design engineering, with an emphasis in all phases of industrial equipment and machinery design, vibration, including fans, blowers, motors, generators, engines, couplings, gearboxes, dynamometers and rolling mills. My expertise includes: troubleshooting of aircraft gas turbine engines and accessories, auxiliary power units, rotary wing drive gearboxes and gear trains. My expertise also includes: various motors, blowers, and variable frequency drives as well as ship propulsion systems, including diesel and gas turbine engines. I have additional expertise in troubleshooting, machinery malfunctions and failures, and machinery accidents, including accidents leading to extensive property damage, injury, and death. I have extensive experience in the use of vibration as a diagnostic tool, as well as high speed rotor balancing. I have experience with planning and executing heavy machinery lifts, evaluations of reinforced concrete foundations, and evaluations of fabricated machinery support structures, advanced vibration analysis and applications. I have prior expert witness experience.
I have over 40 years experience in Human Factors and Ergonomics. My expertise includes physics and human factors psychology to: vehicle accidents, Americans with Disabilities Act (ADA), industrial and construction accidents, perception and vision, warnings and instruction labels, product and equipment errors, medical equipment errors, skip and fall, ergonomics and workplace layout, physics and optics. I have conducted R&D in instructional system development, perception, vehicle driving, human-computer interaction, equipment design and evaluation, and physiological processes. My research includes an evaluation of a system to prevent drunk driving, an investigation of factors contributing to decreased alertness during driving, quality engineering, studies of camouflage, and programs requiring the design of operator interfaces. I develop manuals and multimedia training programs for industrial operations, health and safety, and maintenance for light to heavy industry. I have more than 30 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 20 years experience as a ceramics engineer with hands-on knowledge of processes related to ceramics, glass quality, and fiberglass production, management, and marketing, including: natural gas / oxygen combustion systems for furnaces; burner hardware; forming processes; waste management strategies; nuclear waste vitrification; environmental abatement; corrosion testing; industrial gas production; and combustion technology. My expertise includes the automotive, bio-medical, defense, electronics, glass defects, and nuclear fields. I have experience with previous expert witness analysis, investigations, affidavits, and testimony on combustion equipment, fractology examinations, industrial furnaces, industrial process engineering, and materials failure. I have more than 10 years expert witness experience.
I have many years experience as a practicing mechanical engineer specializing in intellectual property, personal injury, product liability, and professional malpractice. My expertise includes: agricultural equipment; automated control systems; chain saws; consumer electronics; digital electronics; electrical appliances; electronic games and toys; electrical fires; electric / gasoline engine power tools; electric utility power plants; ergonomics; forensic engineer; forensic engineering; hand tools; heating, ventilating, and air conditioning (H.V.A.C.) systems; industrial electronics; laboratory testing; leaf blowers; manufacturing equipment; manufacturing processes; medical devices; model designs; mowers; process control systems; quality control; railroad memorabilia; railway equipment; railway operations; regulatory compliance; safety interlocks; and water filtration systems. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 25 years in industrial technology, specializing in plastics, silicones, adhesives, abrasives, composites, polymers, tapes, epoxies, and sealants, with experience in the aerospace, aircraft, automobile, marine, medical, and other general industries. My expertise includes: account management; contracts; failure analysis; industrial; vehicle; motorcycle; laboratory testing; inventory and distribution logistics; material qualifications; packaging; process development; patent protection, product development and management; quality assurance; training; and troubleshooting. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 40 years experience in industrial and mechanical engineering specializing in the aerospace, nuclear, shipbuilding, and computer industries. My areas of expertise include plant layout, material handling, crane failures, quality control, machine design, construction cost estimating, custom equipment design, and plant relocation. I have more than 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 30 years experience in packaging, can seaming, packaging line systems, package design for product protection, evaluatation of package specifications, automation for packaging, and packaging forensics. I have more than 25 years expert witness experience with consultations, deposition, and courtroom testimony.
I have over 55 years experience as a biochemistry and in mechanical engineering issues. My areas of expertise include: mechanical design, biomechanics, human factors engineering, mechanical behavior of materials, accident reconstruction, manufacturing issues. I have 45 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 20 years experience in the field of Physics Engineering with expertise in electromagnetics, nanoparticle materials, engineering investigations, and the area of materials characterization. I have experience with eddy-current and magnetic nondestructive evaluation; electrical and magnetic sensors, embedded sensors, antennas and electronics, and characterization of thin layers and surface treatments using high-frequency electromagnetic techniques. I have over 5 years expert witness experience.
I have more than 30 years experience in Electrical Engineering with the definition, design and production of electronic systems for a wide variety of industrial and commercial applications. My areas of expertise include computer products, medical electronics, industrial applications, circuit design, signal conditioning, power supplies, printed circuit layout, and controls systems. I have experience with applications ranging from embedded controllers in medical illuminators to heavy machinery used in the manufacture of rocket engines. I have additional experience with photographic techniques, methods, and equipment.
I have more than 30 years experience in the field of Mechanical and Forensic Engineering. My areas of expertise includes: Failure analysis and design evaluation of mechanical systems, components and mechanisms; Product design liability analysis for consumer products, industrial equipment and machinery; Product design, review and evaluation, engineering R&D, product and process operation issues; Stress analysis and fatigue; Intellectual properties and patents; Patent claims review, infringement, prior art; Inventive problem solving techniques; Complex product development and strategies; Design methods and methodologies; Reverse engineering; Product improvements and modifications; Disruptive technologies; Motor vehicle and machinery accident investigation and reconstruction; Collision analysis and damage assessment; Rigid body dynamics, vehicles crashworthiness and rollover; Industrial heavy equipment and components, heavy trucks and trailers; Consumer and industrial products and devices; Tools, machinery, vacuum and capital equipment; Slip and fall accidents; Tibology and contact mechanics; Friction and wear tests and analysis; Safety design review and study of surfaces, materials and contact conditions. I have prior expert witness experience.
I have more than 10 years experience in the field of Management Science and Engineering with expertise in supply chain and operations management. I have additional knowledge of spreadsheet-based modeling and quantitative methods, Automatic Identification and Data Capture (AIDC), RFID and RFID-based sensor systems. I have prior expert witness experience as a RFID expert.
I have more than 25 years experience as a Statistician in the field of Mathematics and Statistics with expertise in product designs, product reliability, manufacturing processes, quality, and product liability risk. I have additional knowledge in the development of mathematical models to reveal optimal decision sequences over any planning horizon, and my skills include the application and training of designed experimentation, reliability analysis, warranty forecasting, statistical process control, measurement system assessment, general statistical methods and statistical modeling, and stochastic optimization. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 25 years experience of varied R&D, new product development and project management. I have experience with the product development process, from idea evaluation and prototype design to high volume manufacturing. My expertise includes includes vendor sourcing, pricing, personnel training and supervision, budgeting and profit control through manufacturing engineering.
I have over 30 years experience in industrial and safety engineering that spans all aspects of human factors engineering, including product design, safety compliance, hazard risk analysis and ergonomics. My specialties include accident analysis, ADA compliance, aerospace / aviation, anthropometry (human body measurement), industrial ergonomics, occupational safety / health, OSHA compliance, product design / safety, and warnings. My design consulting has included all phases of development from product concept and human factors criteria to user task analyses, hazard identification / resolution, industrial design, design modifications, qualification testing and manufacturing processes. I have prior expert witness experience.