Litigation Support

Envrionmental Litigation Witness Services Hot Springs

Litigation Expert Witness Services

Senior ATOKA principals and personnel provide litigation support services and expert witness testimony for a wide range of disciplines such as civil & environmental engineering. These ATOKA personnel have been involved as Expert Witnesses in more than 40 litigations since 2008.

At any one time, ATOKA has six to ten active litigation support/expert witness cases in progress. A few examples of a few of our current cases:

Envrionmental Litigation Witness Services Little Rock
  • Two cases within Arkansas involving hydrocarbon contaminant plumes from leaking underground storage tanks, which have allegedly migrated beneath adjacent private property.
  • One case in Louisiana involving hydrocarbon contamination from leaks along a major interstate hydrocarbon pipeline that have migrated beneath adjacent private property.
  • A case in Oklahoma involving potable groundwater contamination potentially caused by natural gas extraction and hydraulic fracturing.
  • ATOKA is representing a landowner in negotiations with an adjacent limestone quarry and the AHTD, which desires to purchase the landowner’s property.
  • ATOKA regularly testifies before the Arkansas Oil and Gas Commission for different clients.
Personnel
  • ATOKA President and Senior Hydrologist/Hydrogeologist, Dr. Jerry Overton, provides litigation support and expert witness testimony for Geology, Hydrology, Hydrogeology, Hazardous Waste Management, Environmental Health and Safety, and NORM cases.
  • ATOKA Vice President, Joe D. Henry, provides litigation support and expert witness testimony in food safety, microbiology, mold, indoor air quality, and other specialized areas.
  • ATOKA Executive Vice President, Clifford McBryde, provides expert witness services in asbestos, indoor air quality, and industrial hygiene cases as well as site assessments.
  • ATOKA Senior Engineer Mike White provides expert witness services for Civil and Environmental Engineering cases.

Other recent Litigation Expert Witness Support was provided in:

Roger E. Price et al vs. Roy O. Martin, L.P. et al
9 th  Judicial District Court, Parish of Rapides, Louisiana Case settled 2013.
In this case, it was alleged that groundwater beneath Mr. Price’s property had been contaminated by a nearby wood treatment plant. Dr. Overton and ATOKA installed monitoring wells, collected soil and groundwater samples, and presented evidence that such contamination was taking place.

Arkansas Game & Fish Commission vs. U.S. Army Corps of Engineers
Court of Federal Claims, Washington, D.C.
Deposed: 2008, Testified: 2008
This case was appealed to the U.S. Supreme Court , and the Court of Federal Claims decision was upheld.
Diamond Lakes Oil Company, Malvern, Arkansas
Provided groundwater and soils characterization, removed underground storage tanks, and scheduled reporting to the regulatory agency. Provided expert witness services for litigation. This case was appealed to the Arkansas Supreme Court, and the lower Court’s decision was upheld. Dr. Overton’s testimony was strongly quoted in the Higher Court decision.
Tenneco Oil Company, Oklahoma City, Oklahoma
Provided soils and groundwater site characterization, solute transport modeling, geophysical evaluations, and litigation support.
Peak Water Systems, Inc.
This case focused on the potential encroachment of fluids from a Class II wastewater injection well to area property owners.
Hodges and Associates, Pasadena, CA, June 2002
Joe Henry performed IAQ survey for mold litigation project in private residence.
Bairn, Gunti, Mouser & Havner, PLC, Pine Bluff, AR, November 2004
Joe Henry provided litigation support for IAQ problems associated with HVAC mold contamination in private residence.
Bennett-Lotterhos, P.A., Jackson, MS, 1999-2000
Dr. Overton and Mr. Henry provided litigation support in this Class Action Suit. Conducted community indoor and outdoor investigations related to radionuclides and heavy metals generated from stack emissions at a titanium dioxide plant in Hamilton, MS.
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