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

2. 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

3. Early Case Assessment

4. 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

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

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

7. Juror Perceptions

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

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

10. 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 …

11. 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)

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

13. Openings/Closings at Trial

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

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