Litigation Consulting/Expert Witness Case Examples
When analyzing industrial manufacturing and machinery issues, Frederick C. Kucklick can often guide counsel through an entire transaction concerning manufacturing machinery and tooling, including the bidding process between buyer and seller; contract negotiations; design engineering, including design reviews and calculations; machinery manufacturing, demonstration, installation, startup, tooling, and maintenance; safety guarding and other provisions; in-plant maintenance and infrastructure; and in-plant operational issues. Kucklick requests for review all case documents that counsel receives.
Breach of Contract Litigation, Machine Tool Manufacturer v. Automotive OEM, Michigan.
Retained by Plaintiff, an American subsidiary of an international supplier of body and chassis assembly and welding systems for the appliance and automotive industries. Plaintiff sued for final payment due for a multimillion dollar, specially designed and manufactured body and chassis assembly system for a specific series of light trucks, to be ultimately integrated into Defendant's assembly line. Defendant's counterclaims included claims that the Plaintiff was incompetent, did not perform to contract, did not manage the project in a professional manner, and that the equipment as-designed would fail to perform reliably, among other things. The equipment at issue comprised robots, conveyors, lifters, electrical controls and other elements within an integrated system.
During design and manufacturing phases of the project by the Plaintiff, the OEM demanded that the system be redesigned to accommodate a larger, heavier vehicle. Additionally, the OEM stationed representatives in the facilities of the supplier, basically assuming control of the Plaintiff's operation as it pertained to this project. During the engineering phase, and after completion of the machinery, the OEM remained concerned that portions of the equipment as-designed were insufficient to support the weight of the larger, heavier vehicle's body and chassis components. Plaintiff contended that the design of those components was sufficient. The OEM removed the equipment from the Plaintiff's factory and shipped the entire line to another supplier to modify its arrangement and manufacture other sections to accommodate the aforementioned larger, heavier vehicle.
During his review of the case,
Kucklick read and analyzed deposition transcripts, quotations, contract
specifications, the Defendant's technical specifications, correspondence,
supplier technical information, 3D and 2D CAD engineering drawings, production
control and project management information, all other produced documents;
Kucklick also performed engineering analysis and calculations of the original
designs, and performed an on-site analysis of the equipment within the
Defendant OEM's assembly plant, and prepared multiple reports. Case settled.
Patent Infringement Litigation, Automotive Components Subcontractor v. Automotive Tier 1 Supplier, Ohio.
Retained by Defendant, an international manufacturer of automotive components. Plaintiff asserted over ten patents comprising hundreds of claims, including product-by-process claims, for cold-forged steel automotive engine components. During his review and analysis as litigation consultant and expert witness, Kucklick reviewed all patents at issue, located and reviewed prior art, reviewed and analyzed engineering drawings, correspondence, interviews with client personnel, tests and analysis of components, deposition transcripts, prepared claim charts, prepared a report, and provided deposition testimony. Case settled.
Criminal Industrial Espionage and Misappropriation of Trade Secrets Litigation, Michigan.
United States v. Defendants. Retained by Defendants. Two automotive Tier One suppliers were arbitrating a breach of contract dispute over the supply of forged metal parts. An employee of one of the Tier One parties, with an accomplice, offered to sell documents to the other Tier One party, who in turn reported the offer to the FBI. The FBI met with one or both defendants, purchased some documents and seized additional documents. The Federal Government arrested and charged the defendants. Kucklick's task was to determine whether purchased and seized documents contained trade secrets. Kucklick reviewed case documents, including the purchased and seized documents, FBI reports and affidavits, and other documentation produced in the case. Kucklick also reviewed publicly available materials, and prepared a report. Case was resolved prior to trial for both defendants.
Breach of Contract Litigation, Tool & Die Manufacturer v. Automotive Tier 1 Supplier, Ohio.
Retained by Plaintiff. Plaintiff sued for final payment, after demonstration on Plaintiff's own tryout press, and delivery, of thermoforming tooling for manufacturing door panel parts for an automotive OEM. Tooling was designed to fit into and be actuated by the Defendant's existing thermoforming presses contained in Defendant's production line. Defendant claimed excessive scrap and lost production because, among other things, the tooling for was incorrectly designed and manufactured. Kucklick's task as litigation consultant and expert witness was to form opinions whether the tooling was properly designed and manufactured. Kucklick read and analyzed documents including quotations, the contract between the parties, notes, 2D and 3D CAD and paper engineering drawings, drawings and other information concerning the Defendant's machinery in which the tools were to be operated, correspondence, deposition transcripts. Kucklick also conducted an on-site physical inspection of both the Plaintiff's tryout press and the Defendant's production machines, prepared a report, and provided deposition testimony. Case settled.
Breach of Contract Arbitration, Multinational Marketing Company vs. Joint Venture Partner, Texas.
Retained by Claimant, a Canadian seller of off road construction equipment. The joint venture was for Respondents to build and equip a U.S. factory to manufacture mobile construction equipment according to Respondents' patented designs. Claimant provided several million dollars' funding, some of which included loans secured by real estate and other assets. Respondents depleted funding prior to beginning full production; Claimant refused to provide additional funds, claiming waste and misuse of the money by the Respondents. As the Claimant's expert witness and arbitration consultant Kucklick reviewed and analyzed all produced documents, affidavits, Respondents' designs and patent, Respondents' assets acquired for the factory, information from third-party resources, and physically inspected finished products. Kucklick prepared an expert report and provided direct and cross-examination testimony at an arbitration tribunal.
Bankruptcy Administrative Claim, Automotive Tier One Manufacturer (“Debtor”), Federal Bankruptcy Court, Delaware.
Debtor rejected leases of 50 automated machine tools including CNC lathes, CNC machining centers and CNC drilling machines that were used for manufacturing aluminum vehicle wheels. Lessor filed for multimillion dollar administrative expenses, claiming that all machines had incurred casualty occurrences as defined in lease documents, contributing to low re-selling prices. Kucklick’s role as litigation consultant and expert witness involved documentary review and other research concerning the equipment at issue, which had all been previously sold by the lessor and was therefore unavailable for physical inspection. Kucklick prepared a written report, illustrative exhibits, and testified at depositions and trial.
Personal Injury Litigation, Robotic Manufacturing System, New York.
Retained by Plaintiff. Plaintiff was struck and injured by a mobile, tracked robot while performing maintenance, while standing on the robot's tracks, on one of the CNC machining centers within the system. The robot allegedly started traveling toward Plaintiff without warning, and did not stop after a colleague actuated an emergency stop button. Kucklick reviewed and analyzed all produced documents including accident reports, depositions, machine drawings and manuals, and ANSI and OSHA standards and information. Kucklick inspected a similar robotic manufacturing system on public display at another site, physically inspected the accident site, observed operation of the subject machinery and a demonstration of the operation of emergency stop system, and prepared multiple reports. Case settled before trial.
Breach of Contract Litigation, International Metal Forming Press Installation, Michigan.
Retained by Defendant. Plaintiff sued defendant automotive Tier 1 parts manufacturer for final payment. Plaintiff's scope of supply was to remove several presses from a Michigan facility, rebuild them, store them, and re-install them in Defendant's production line in Mexico. Defendant countersued, claiming Plaintiff's failure to properly perform, resulting in Defendant's need to hire others to re-do and complete rebuilding and re-installation portions of the project in Mexico. Kucklick reviewed and analyzed drawings and manuals of the machinery, deposition transcripts, photos, reports, and other materials. Case settled prior to Kucklick's deposition and report.
Death of Maintenance Technician, Metal Spinning Machine, Pennsylvania.
Retained by Defendant. Plaintiff's estate sued the German manufacturer of a large CNC metal spinning machine following the death of a technician who was crushed while maintaining the subject machine. Kucklick analyzed accident reports, machine engineering drawings, inspected the subject machine on site, and performed engineering calculations. Case settled prior to Kucklick's deposition and report.
Trade Secrets and Breach of Contract Litigation, German Machine Tool Corporation vs. U.S. Manufacturer et al, California.
Retained by Defendants. Plaintiff claimed breach of contract and misappropriation of trade secrets concerning a forging machine to manufacture aluminum products. Defendant A had purchased a used machine manufactured by Plaintiff; related Defendant B had a contractual agreement with Plaintiff regarding sale of Plaintiff's machines similar to the machine installed in Defendant A's facility. Defendant A had contracted with other co-Defendants to design and build another machine to perform a similar function, but with capability to manufacture larger products. Eventually Defendant B offered Defendants-built machines for sale to others. Kucklick's role as litigation consultant and expert witness pertained to the trade secrets aspect of the matter. Kucklick read and analyzed engineering drawings, all produced documents, physically inspected the machine manufactured by Plaintiff and the machine designed and manufactured by Defendant A, and considered matters pertaining to practices such as industrial manufacturing machinery sales, engineering, reverse engineering and manufacturing. Kucklick prepared a written report and testified at deposition. Case settled.
Trade Secrets and Breach of Contract Litigation, Power Press Manufacturer vs. Aftermarket Machine Parts Manufacturer, Michigan.
Retained by Defendant. Plaintiff claimed breach of contract and misappropriation of trade secrets pertaining to Defendant's manufacture, repair and sale of large replacement parts for Plaintiff-manufactured industrial mechanical power presses. Plaintiff-manufactured mechanical power presses capable of using the disputed parts had been manufactured decades earlier. Kucklick's role as litigation consultant and expert witness included engineering analysis of Plaintiff's and Defendant's engineering drawings, reverse engineering feasibility studies, and review and analysis of technical information from publicly available resources. Kucklick prepared a written report and testified at deposition. Trade secrets claims were dropped by Plaintiff.
Patent Infringement Litigation, Processing Machinery. Illinois.
Retained by Defendant. Plaintiff asserted claims of its patent against Defendant, a manufacturer of competitive equipment used to measure and rotary-cut rolled materials to length, and reroll the cut pieces after cutting. Kucklick reviewed the patent at issue, located and reviewed prior art, reviewed and analyzed engineering drawings, conducted interviews with client personnel, requested subpoenas for additional materials, reviewed deposition transcripts, conducted onsite inspections of machines manufactured by both parties, prepared claim charts, prepared multiple reports, and provided testimony at multiple depositions.
"You did a nice job for us in the [large agricultural machinery company] case!"