THE ECONOMIC EXPERT IN FOOD/BEV CASES Joseph J. Ortego

Damages – a critical component of success at trial Damages – starts with early case assessment and runs through each and every aspect, including selection and workup of experts

Early Case Assessment

The Odds Favor ECA ~ 1% of cases reached the trial stage       ~ 1% of cases reached the trial stage 99% of cases are resolved by motions, ADR, and settlement Must make qualitative decisions early

Goals and Objectives of Early Case Assessment: What the Client Needs to Know Value Outcome Cost

What is Economics and Why Is It Relevant To Your Case?

Juror Perceptions

Enter the economist… Importance of narrative skills to convince jury …

Expert Retention Consideration(s) Analysis Importance… Consultant vs. Testifying Economist Presence Ability to “teach” and simplify concepts Qualifications/CV

QUALITATIVE DECISION … ECONOMIST/EXPERT Strategic Factor Considerations Type of case Class action, IP, product liability, personal injury Amount in controversy Identify client needs The Plaintiff The Court Jurisdiction, venue, judge The Law … More on this later …

Preparing to Cross-Examine Plaintiffs’ Economist Working with consulting defense economist as part of prep Laying groundwork for exclusion (if appropriate) – Daubert/Frye Allowing for effective cross at trial (without providing roadmap during deposition for economist to fill in gaps in the interim)

Working with the Defense Expert (economist) Working With Defense Expert on Report Preparing Defense Expert to Testify Keep Jurors In Mind…

Openings/Closings at Trial

FOOD/BEV EXAMPLE: Class-Wide Damages Models for Labeling Claims The Price Premium Model The Regression Model … most successful thus far Full Refund Model

cONCLUSION Whether early case assessment or preparing for trial – take into account: Who What When Where Why How