Michael Hoenig

May 16, 2013 | New York Law Journal

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes that the class action system creates perverse incentives, harmful disincentives and significant conflicts with the normal law of sales as reflected in the Uniform Commercial Code.

By Michael Hoenig

13 minute read

May 21, 2012 | New York Law Journal

In his Products Liability column, Herzfeld & Rubin member Michael Hoenig writes: Despite good intentions by the judiciary and some increased admonitory jury instructions, the dazzling blitz of accessible electronic information is a near-irresistible magnet for juror curiosity or misbehavior, the potential for which calls for alertness and vigilance by counsel.

By Michael Hoenig

17 minute read

April 09, 2012 | New York Law Journal

In his Products Liability column, Herzfeld & Rubin member Michael Hoenig writes: For many litigants and lawyers it is, or soon will be, a "brave new world" in the universe of torts, class actions, and commercial litigation of all kinds - only many litigators may not know it yet. Arbitration has zoomed afresh onto the litigation scene, with form agreements and binding clauses tossing aside consumer class actions and personal injury and death lawsuits.

By Michael Hoenig

14 minute read

March 14, 2005 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, surveys two recent federal decisions on the use of and admissibility of depositions: The first explores whether a party's voluntary absence from trial renders his or her deposition usable instead. The second illustrates how a sliver of pretrial testimony can unravel expert testimony, persist dispositively despite attempts to modify the earlier statement and doom the claim.

By Michael Hoenig

12 minute read

March 11, 2003 | New York Law Journal

By Michael Hoenig

7 minute read

June 13, 2005 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, reports on a number of recent rulings which, both individually and cumulatively, may point the way for counsel to anticipate or resolve problems without wasteful motion practice and the antagonism such fee squabbles can breed.

By Michael Hoenig

14 minute read

March 14, 2011 | New York Law Journal

In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes that preemption of tort suits is still a "player," but the party asserting the defense needs to do its homework, limber up and stretch well in order to jump that hurdle successfully.

By Michael Hoenig

13 minute read

October 10, 2007 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, writes that the Federal Rules of Civil Procedure provide a kind of safe harbor from discovery by interrogatories or deposition for the nontestifying expert consultant. Recently, a New Jersey district court considered whether this safe harbor applied to documents and what constitutes a waiver of the protection. Such analyses can stimulate interesting considerations of strategic warfare by creative counsel.

By Michael Hoenig

12 minute read

April 11, 2011 | New York Law Journal

In his Products Liability column, Herzfeld & Rubin member Michael Hoenig discusses how federal preemption of particular automotive claims continue to be a battleground and how the recent Morris v. Mitsubishi Motors North America Inc. decision holds such a warnings claim to be preempted notwithstanding the Supreme Court's Williamson decision in March.

By Michael Hoenig

12 minute read

February 13, 2007 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, writes that Wisconsin's icy winds may seem positively tropical compared to the frigid reception some litigators received recently in a U.S. Court of Appeals for the Seventh Circuit decision issued at the end of November.

By Michael Hoenig

13 minute read