The need

Attorneys representing the plaintiffs in their case against a movie theater operator needed an expert in packaging to develop their argument. The suit alleged the defendants engaged in deceptive marketing practices by selling concessions items that used slack-fill: a large, visible outer package and a much smaller plastic, inner package that held the actual product, thus delivering much less product than expected based on the size of the outer package. Therefore, the ideal expert would need to be able to opine on the reason for the use of slack-fill other than to create the illusion that the package contains more product than it, in fact, did.

Our approach

From our conversations with the client, we understood that they may find value in an expert that had manufacturing experience as they could comment on any manufacturing processes that would legitimate the use of the smaller inner package. This in mind, we went to work to find the best expert for the case.

The expert

We found an expert with over 40 years of experience in packaging who was a Professor of Packaging Science at a top university. He was extremely experienced in researching, developing, marketing, and teaching packaging technologies. Before he became a professor, he worked for a leading packaging technology manufacturer where he led product development. Finally, he had extensive experience as an expert witness having worked on over 40 cases, testifying, and giving depositions as well as drafting expert reports. The case did not go to trial.