Expert Witness and Professional Engagements

Barbara H. Katz, Trustee in Bankruptcy of the estate of Kenneth R. Biebel and Ann M. Biebel v. John C. Kucej, Case # NNN-CV-06-5004131-S, Superior Court for the Judicial District of New Haven, Connecticut. Retained by defense counsel in spring 2009  to serve as testifying expert to defend negligence action brought by chapter 7 trustee. Undertook extensive review of schedules, statement of affairs and related papers, advised and consulted with defense counsel on standing and related issues.  Defendant’s Motion to Dismiss due to Plaintiff’s lack of standing was granted  and case was dismissed by Court Order just prior to May 2010 scheduled trial date.

Langdon M. Cooper, Trustee in Bankruptcy for Paul Kenneth Maloy and Margaritte Elizabeth Maloy v. Sigmon and Gray, Layton, Kersh, Solomon, Sigmon, Furr & Smith, Adversary proceeding # 09-3058, chapter 7 case # 07-30813, United States Bankruptcy Court for the Western District of North Carolina Charlotte Division. Retained by defense counsel, O. Max Gardner, in 2009 to assist with defense of matter. Reviewed  pleadings, provided advice and counsel and case settled in early 2010.

Vernon C. Stipe, et al., v. First Interstate Bank of Polson, Case # DV-02-197, Montana Twentieth Judicial District Court, Lake County. Retained in 2004 by Sullivan, Tabaracci & Rhoades on behalf of Plaintiff to testify as to reasonableness of fee award. Analysis of pleadings & motions and prepared for testimony. 

George Madden v. John H. Dalton, et. al.,  Case # DV-92-149-M-CCL, United States District Court for the District of Montana.  Retained by Wold Law Firm on behalf of Dalton in 2002 to serve as expert on effect of bankruptcy filing on pending litigation.  Prepared affidavit in support of Motion to Dismiss for failure to prosecute case which resulted in dismissal of case.  Reported at  19 Mont. B. R. 184 (D. Mont. 2001)

Charles L. Smith, Chapter 7 Trustee of the Estate of Rose Way, Inc. v. Thomas G. McCuskey, Jeffrey P. Taylor and Klinger, Robinson, McCuskey & Ford, Case # 4-96-CV-10865, United States District Court for the Southern District of Iowa. Retained by chapter 7 trustee in June 1997 to serve as Plaintiff’s expert on issues relating to SOL in § 546 and duty of care by chapter 11 trustee in pursuit of preference claims worth $3 million or so. Prepared affidavit in support of Motions for Summary Judgment which resulted in favorable settlement of case.

Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway v. Rebecca Shivvers, Case # CL-61787, Iowa District Court for Polk County.  Served as Defendant’s expert on counterclaims against law firm; testified at deposition (4/11/95) and at trial in Des Moines, IA on 9/5/97.  Jury returned verdict for $65K in favor of Defendant.

Larry & Janet Wiewel v. Sharon W. Grossenbach, Case # 94-CV-0170, District Court for the City & County of Denver, State of Colorado. Served as Plaintiff’s expert; testified at deposition (9/23/94) and trial in Denver  (1/95).  Dismissal at trial on SOL after Plaintiff’s case.