Michael Hoenig

September 11, 2020 | New York Law Journal

Perhaps, while COVID still materially affects our behavior, we should be cautious about preserving the integrity of the in-person jury trial, writes Complex Litigation columnist Michael Hoenig.

By Michael Hoenig

12 minute read

August 07, 2020 | New York Law Journal

In an attempt to alert readers who might have missed them, this article briefly reports about two Appellate Division decisions dealing with expert testimony and other issues, Michael Hoenig writes in his Complex Litigation column.

By Michael Hoenig

7 minute read

March 06, 2020 | New York Law Journal

In this edition of his Complex Litigation column, Michael Hoenig discusses lawyer immunity from civil liability to non-clients for their statements or actions taken in connection with representing a client in litigation. He writes that "absolute" immunity is not necessarily so absolute. The "qualified" privilege doesn't protect lawyers all the time. But lawyer zealousness is given ample latitude to advocate for clients vigorously, sometimes aggressively.

By Michael Hoenig

8 minute read

February 07, 2020 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses the hearsay rule and some of its exceptions, particularly focusing on the newly revised revised Rule 807, which is now seemingly more muscular than the old rule and may go from rare use to a thriving battlefront.

By Michael Hoenig

10 minute read

January 10, 2020 | New York Law Journal

In his Complex Litigation column, Michael Hoenig uses the recent case 'Andrews v. Lands' End', where Delta Airlines flight attendants claimed their uniforms caused them adverse health effects, to discuss the current law and issues surrounding "smart clothing."

By Michael Hoenig

8 minute read

December 06, 2019 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses the Supreme Court's decision in 'Kisor v. Wilkie', in which the court wrestled with the degree of deference courts must (or should) give to an agency's interpretation of its regulations.

By Michael Hoenig

9 minute read

November 08, 2019 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses a recent trial court decision that teaches valuable lessons for lawyers as it wrestles on how to decide an exquisite battle of expert opinions by well-qualified neurologists. Litigators may well take sides on this interesting one.

By Michael Hoenig

12 minute read

October 15, 2019 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses recent decisions, one on design and causation issues and another on a warnings claim, which illustrate that "judicial gatekeeping for expert reliability continues robustly and can affect the outcome of litigation."

By Michael Hoenig

10 minute read

September 06, 2019 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses a recent spate of developments regarding smart devices and consumer privacy. Privacy lawsuits and regulatory complaints are mushrooming. Corrective measures by manufacturers arguably will strengthen some defenses against claims. Yet, there are scores of millions of Smart TVs and devices sold before the remedial measures were instituted. Will litigation be a promising avenue?

By Michael Hoenig

12 minute read

August 09, 2019 | New York Law Journal

In his Complex Litigation column, Michael Hoenig writes: Three decisions in July have ignited a potential firestorm of products liability exposure perhaps wider than the jurisdictions involved in the cases. Given Amazon’s huge product line, the numbers of purchasers and users, the diversity of the many third-party vendors, and the policy reasons articulated by these courts, it is likely that a flood of lawsuits lies ahead.

By Michael Hoenig

10 minute read