Working With Economist Authcheckdam

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 99% of cases are resolved by motions, ADR, and settlement Must make qualitative decisions early Goals and Objectives of Early Case Assessment: me tco C o s t Ou Val ue What the Client Needs to Know 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) Consultant vs Testifying Economist Presence Ability to “teach” and simplify concepts Qualifications/CV Analysis Importance… 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 The Law • Jurisdiction, venue, judge • … 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