THE ECONOMIC EXPERT IN FOOD/BEV CASES JOSEPH J... DAMAGES – A CRITICAL COMPONENT OF SUCCESS AT TRIAL Damages – starts with early case assessment and runs through each and every aspect,
Trang 1THE ECONOMIC EXPERT IN
FOOD/BEV CASES
JOSEPH J ORTEGO
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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
Trang 3EARLY CASE ASSESSMENT
Trang 4The 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
Trang 5Goals and Objectives of Early Case Assessment:
What the Client Needs to Know
V al
u e
O u tc om e
C o s t
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What is Economics and Why Is It Relevant To Your Case?
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JUROR PERCEPTIONS
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ENTER THE ECONOMIST…
Importance of narrative skills to convince jury
…
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EXPERT RETENTION
Consultant vs
Testifying Economist
Presence
Ability to “teach” and
simplify concepts
Qualifications/CV
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QUALITATIVE DECISION … ECONOMIST/EXPERT
Type of case • Class action, IP, product
liability, personal injury Amount in controversy
Identify client needs
The Plaintiff
The Court • Jurisdiction, venue, judge
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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)
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WORKING WITH THE DEFENSE EXPERT
(ECONOMIST)
Working With Defense Expert on Report
Preparing Defense Expert to Testify
Keep Jurors In Mind…
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OPENINGS/CLOSINGS AT TRIAL
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FOOD/BEV EXAMPLE:
CLASS-WIDE DAMAGES MODELS FOR LABELING CLAIMS
— The Price Premium Model
— The Regression Model … most successful thus far
— Full Refund Model
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CONCLUSION
Whether early case assessment or preparing for trial – take into account:
Who What When Where Why How