Expert Witness

Phil Brooks has testified or filed an expert report in the following matters:

Contract Dispute: Mining/Mineral Processing, Steel

Wheeling Pittsburgh Steel Corporation and Mountain State Carbon, LLC v. Central West Virginia Energy Company and Massey Energy Company, Civil Action No. 05-C-85-MJG, In the Circuit Court of Brooke County, West Virginia.

Testified at deposition and at trial in a contract dispute related to a mining/mineral processing supply agreement between one of the nation's largest mining/mineral processing companies and a steel mill and its captive coke plant. Managed a team of six people in a review of case documents, expert reports and deposition transcripts. Completed document requests, deposition questions, and financial, supply chain and production analyses. The analyses focused on the impact of force majeure events, coke plant operational failures and costs culminating in submission of an expert report prior to testifying.

Copyright Infringement: Insurance, Software

Clarity Software, LLC v. Allianz Life Insurance Company of North America; Civil Action No. 04-1441; United States District Court for the Western District of Pennsylvania.

Testified in a copyright infringement sanctions hearing. Testimony addressed inadequacy of plaintiff's discovery response and an overview of the damages methodology in the pending expert report. In addition, filed two expert reports and testified at deposition.

Patent Infringement: Semiconductor

Certain Semiconductor Devices and Products Containing Same; USITC Inv. No. 337-TA-525. - Declaration.

Prepared a declaration that was filed summarizing research findings in support of an ITC complaint and was named as an expert. The case settled before deposition or trial testimony was required.

Warranty Claim: Steel

Weirton Steel Corporation v. TECO-Westinghouse Motor Company; Civil Action No. 5:00-CV-88.

Filed expert damages report in a $15 million warranty claim case involving a steel mill and one of its rolling mill suppliers. The case settled before deposition or trial testimony was required.

Cost Allocation: Environmental

Prepared and filed a written expert witness report in an environmental cost allocation case. The case settled before deposition or trial testimony was required.

Contract Dispute: Professional Services
Testified at deposition and before a three-person arbitration panel in a private arbitration between the former founding partner of a law firm and his prior firm regarding compensation under his separation agreement.