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Litigation Consulting
Industrial Machinery Expert Witness
Frederick
C. Kucklick of IMT Consulting, Inc. accepts expert witness engagements
from plaintiffs and defendants involved in complex commercial
litigation, product liability and trade secrets matters. Cases
generally involve users, buyers, lessors, sellers and manufacturers
of metal products or industrial manufacturing equipment. Kucklick’s
testifying experience includes depositions, arbitration, and
federal court.
Expert Witness Case Examples
Breach of Contract, Multinational Marketing Company vs. Joint Venture
Partner, Texas. Retained by Claimant,
a Canadian corporation. The joint venture was
for Respondents to start a factory to build mobile
construction cranes 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 within a few months, prior to
start of full production; Claimant refused to provide additional
funds. Kucklick's role as litigation consultant
and expert witness involved review and analysis
of produced documents, affidavits, Respondents' designs and patents,
Respondents' assets acquired for the factory,
information from independent resources, and inspection
of finished products. Kucklick prepared an expert
report and provided direct and cross-examination
testimony at the arbitration hearing.
Breach of Contract, Machine Builder vs. Automotive Components Manufacturer,
Michigan. Retaining client: Plaintiff. Plaintiff sued Defendant
for payment for an automotive component production line, value
over U.S. $3 million. Defendant countered, claiming breach of
contract and financial losses due to loss of business with an
automotive Tier 1. Kucklick's role as litigation consultant was
to perform engineering evaluation of the entire 18 station integrated
production line, including fixturing, indexing, robotics, welding,
and other processes; and to provide advice to counsel relating
to business and project management practices of machine purchase,
engineering, manufacturing, delivery, installation and field
startup. This case was complicated by such factors as the lack
of clear specifications, numerous order revisions, and no demonstration
or runoff prior to shipment due to lack of test parts, and all
the machinery had been scrapped by Defendant and was unavailable
for inspection. Case settled prior to Kucklick's deposition.
Trade Secrets and Breach of Contract, 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 replacement clutch-brake assemblies
for Plaintiff-manufactured industrial power presses. Some of
Plaintiff's power presses using Defendant's replacement parts
had been built 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 independent resources. Kucklick
prepared a written report and testified at deposition. Trade
secrets claims were dropped prior to final settlement.
Machine Builder vs. Vehicle Components Manufacturer,
Illinois. Retained by Defendant. Plaintiff sued Defendant for
final payment following delivery of manufacturing equipment;
Defendant countered claiming breach of contract and financial
losses due to loss of business with vehicle OEM due to lack of
performance of the equipment designed and manufactured by Plaintiff.
The disputed multimillion dollar production line included such
processes as metal forming, resistance welding, and metal removal.
Kucklick's role as litigation consultant and expert witness involved
engineering analysis and advice to counsel relating to business
and project management practices such as machine purchase, design,
delivery, installation and startup. Engineering analysis considered
such factors as mechanical machine designs, calculations, operational
manpower requirements, hydraulic and electric circuit designs,
tool change times, scrap rates, metal forming strain analysis,
production rates, maintainability, and process flow. Kucklick
prepared a written report and testified at deposition. Case settled.
Trade Secrets and Breach of Contract, German Machine Tool Corporation
vs. U.S. Manufacturer et al, California. Retained
by a Defendant. 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 reached
a contractual agreement with Plaintiff regarding sale of Plaintiff's
machines. Defendant A had contracted with certain other co-Defendants
to design and build a machine of higher capacity, and eventually
Defendant B had 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,
and involved engineering analysis of engineering drawings,
physical inspection of equipment at issue, and advice to retaining
counsel 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.
Bankruptcy Administrative Claim, Automotive
Tier One Manufacturer (“Debtor”), Federal Bankruptcy Court, Delaware. Debtor
rejected leases of 50 automated CNC machine tools including lathes,
machining centers and drilling machines. Lessor filed for multimillion
dollar administrative expense, claiming all machines had incurred
a casualty occurrence as defined in lease documents, contributing
to low selling prices. Kucklick’s role as litigation consultant
and expert witness involved documentary review and independent
research concerning the equipment at issue, which had all been
previously sold by the lessor and was unavailable for inspection.
Kucklick prepared a written report and testified at depositions
and trial.
Product Liability, Machine Tool Owner/Operator’s
Estate vs. Machine Tool Manufacturer and others, Indiana.
Retained by defendants. An owner/operator of a CNC lathe incurred
injuries after a part was thrown from the machine during operation.
Approximately one year later the owner/operator incurred fatal
injuries operating a lawn tractor. Plaintiff contended the lawn
tractor injuries were attributable to medications required due
to the lathe injury. Kucklick’s
role as litigation consultant and expert witness included document
review, independent research, and inspection of the machine at
issue. Case settled. |
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Contact: Frederick
C. Kucklick - info@imtcusa.com
IMT Consulting, Inc.
21274 Sail Bay Drive
Cassopolis, Michigan 49031
269-445-8826
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