Day 024 - 15 Sep 94 - Page 02
1 Thursday 15th September, 1994.
2
3 MR. MORRIS: I would like to call Mr. Stephen Gardner.
4
5 STEPHEN GARDNER, Sworn
6 Examined by the Defendants
7
8 Q. Can you give your full name?
9 A. Stephen Henry Gardner.
10
11 Q. Would you give your address?
12 A. I am at the Southern Methodist University School of
13 Law, Dallas, Texas, zip code 75275.
14
15 Q. Would you give your titles, please?
16 A. I am assistant Dean for Clinical Education at the
17 School of Law. I am visiting Assistant Professor of Law.
18
19 Q. How should we address you? Should we address you
20 "professor" or "dean" or Mr. Gardner?
21 A. I would respond to any. "Mr." is fine.
22
23 Q. Just to go a little bit more into your present position
24 and a little bit of your history, are you licensed to
25 practise law?
26 A. I am licensed in the State of Texas and by the State
27 of New York to practise law in the State Courts. I am
28 also admitted to practise before the United States Supreme
29 Court and have practised before the United States Supreme
30 Court, several federal courts of appeal, about five or
31 six, and about half a dozen trial court level district
32 courts within the federal system as well.
33
34 Q. Also I believe you maintain now a private practice?
35 A. I have a limited private practice representing
36 primarily plaintiffs in class action law suits on consumer
37 matters. I also have a couple of cases in the civil
38 rights area.
39
40 Q. What is your area of expertise in law?
41 A. In law, because of my practice, study and experience,
42 I have become an expert in false advertising, marketing
43 issues, specifically the advertising and marketing of the
44 nutritional values of products. I also am knowledgeable
45 above the average lawyer in my country in the areas of
46 commercial speech as applied to advertising and marketing
47 practices.
48
49 Q. Outside the strictly legal arena, are you also an expert
50 in consumer perception of advertising or related issues?
51 A. Yes, I am, but that is as to my work as a consumer
52 advocate and consumer protection attorney. My knowledge
53 in that area is expert, but it is as I would apply it in
54 determining whether or not the laws of the state, or, for
55 that matter, the Federal Government, had been violated.
56
57 Q. Have you as part of that job made research into consumer
58 perceptions?
59 A. Yes, I have. I have as to specific investigations and
60 in general read quite a bit of the literature in the field
