Litigation Support

Envrionmental Litigation Witness Services Hot Springs

Litigation Expert Witness Services

The experienced senior principals and team members at ATOKA offer litigation support services and expert witness testimony across various fields, including civil and environmental engineering. These ATOKA professionals have served as Expert Witnesses in over 40 litigations since 2008.



At any given moment, ATOKA is handling six to ten active litigation support and expert witness cases. Here are a few examples of our current cases:

Envrionmental Litigation Witness Services Little Rock

Two instances in Arkansas involve hydrocarbon contaminant plumes stemming from leaking underground storage tanks, reportedly traveling beneath neighboring private properties. In a similar vein, a Louisiana case pertains to hydrocarbon contamination from leaks along a major interstate pipeline, also seeping beneath adjacent private land. Furthermore, in Oklahoma, a case is under scrutiny for potable groundwater contamination potentially linked to natural gas extraction and hydraulic fracturing. ATOKA is currently representing a landowner in negotiations with an adjacent limestone quarry and the AHTD, which seeks to acquire the landowner’s property. Additionally, ATOKA frequently provides testimony to the Arkansas Oil and Gas Commission on behalf of various clients.



Personnel
  • Dr. Jerry Overton, President and Senior Hydrologist/Hydrogeologist at ATOKA, offers litigation support and expert witness testimony in Geology, Hydrology, Hydrogeology, Hazardous Waste Management, Environmental Health and Safety, and NORM cases.
  • Joe D. Henry, Vice President at ATOKA, provides litigation support and expert witness testimony in food safety, microbiology, mold, indoor air quality, and other specialized areas.
  • Clifford McBryde, Executive Vice President at ATOKA, offers expert witness services in asbestos, indoor air quality, and industrial hygiene cases, as well as site assessments.

Other recent Litigation Expert Witness Support was provided in:

The legal case of Roger E. Price et al against Roy O. Martin, L.P. et al was resolved in 2013 in the 9th Judicial District Court, Parish of Rapides, Louisiana. Allegations were made that the groundwater under Mr. Price's property had been polluted by a wood treatment facility in the vicinity. Dr. Overton and ATOKA conducted the installation of monitoring wells, gathered soil and groundwater samples, and provided proof of the contamination occurring.

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 taken to the U.S. Supreme Court, where the decision of the Court of Federal Claims was affirmed.

Diamond Lakes Oil Company, Malvern, Arkansas

Conducted groundwater and soil assessments, oversaw underground storage tank removal, and handled regulatory reporting. Offered expert testimony for legal proceedings. The case was taken to the Arkansas Supreme Court, which affirmed the decision of the lower court. Dr. Overton's testimony was prominently cited in the Supreme Court ruling.

Tenneco Oil Company, Oklahoma City, Oklahoma

Offering site characterization for soils and groundwater, solute transport modeling, geophysical assessments, and litigation assistance.

Peak Water Systems, Inc.

This case centered on the possible intrusion of fluids from a Class II wastewater injection well onto the properties of local residents.

Hodges and Associates, Pasadena, CA, June 2002

Joe Henry conducted an Indoor Air Quality (IAQ) survey for a mold litigation case at a private residence.

Bairn, Gunti, Mouser & Havner, PLC, Pine Bluff, AR, November 2004

Joe Henry offered litigation assistance for indoor air quality issues related to mold contamination in the HVAC system of a private residence.

Bennett-Lotterhos, P.A., Jackson, MS, 1999-2000

Dr. Overton and Mr. Henry offered expert assistance during the legal proceedings of the Class Action Suit. They conducted thorough indoor and outdoor community investigations into the presence of radionuclides and heavy metals originating from stack emissions at a titanium dioxide facility in Hamilton, MS.

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