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Michael Hoenig

Michael Hoenig

July 03, 2019 | New York Law Journal

Jurisdiction and Due Process; Deposition 'Coaching' Update

In his Complex Litigation column, Michael Hoenig discusses an important recent decision on permissible exercise of long-arm jurisdiction by New York courts over an Ohio merchant of guns, and provides an update on deposition misconduct in light of a decision awarding sanctions against plaintiff's counsel in a multidistrict class action litigation.

By Michael Hoenig

11 minute read

June 07, 2019 | New York Law Journal

Court Rules on Optional Safety Devices

In his Complex Litigation column, Michael Hoenig discusses 'Fasolas v. Bobcat of N.Y.' an important products liability ruling regarding products made, sold or rented with certain safety equipment provided as “optional” items.

By Michael Hoenig

8 minute read

May 10, 2019 | New York Law Journal

The 'Class Actionization' of America

In his Complex Litigation column, Michael Hoenig asks whether the entire class action regime that has come to dominate much of court litigation today has reached a tipping point, becoming an ever-expansive, negative behemoth that needs to not only be reviewed but sharply modified and curtailed.

By Michael Hoenig

14 minute read

April 05, 2019 | New York Law Journal

Judges' Use of Social Media: Tensions Ahead?

In his Complex Litigation column, Michael Hoenig writes: Judges have private lives and social media use can enhance their enjoyment and quality. On the other hand, they have professional lives too—making the huge American justice system work fairly. How to balance such interests is quite the challenge.

By Michael Hoenig

11 minute read

March 08, 2019 | New York Law Journal

Attorney Misconduct in Opening Statements

In his Complex Litigation column, Michael Hoenig writes: The misconduct and sanction ordered in the San Francisco federal Roundup trial is a handy reminder that winning opening statements are highly prized work products.

By Michael Hoenig

11 minute read

February 21, 2019 | New York Law Journal

Discovery Battles About Social Media

In his Complex Litigation column, Michael Hoenig addresses a recent significant decision (holding an injury claimant's private social media information discoverable, albeit with some limitations on the time span and subject matter), which confirms that a new era is upon us. He provides the reader with some resources that can help diligent attorneys ponder the complexities of the brave new world and, not only survive, but thrive.

By Michael Hoenig

10 minute read

January 17, 2019 | New York Law Journal

The Witness Litigation Privilege

In his Complex Litigation column, Michael Hoenig discusses 'Day v. Johns Hopkins Health Sys.', writing: The Witness Litigation Privilege continues to be a formidable policy-based immunity rule. However, its application in given cases requires careful analysis, state-by-state, as legislative or decisional incursions have been effected.

By Michael Hoenig

11 minute read

December 07, 2018 | New York Law Journal

Proving Causation in Toxic Tort Cases

Complex Litigation columnist Michael Hoenig writes: Somewhat unobtrusively, New York's highest court recently issued a decision in an asbestos case that has significant impact beyond asbestos litigation.

By Michael Hoenig

11 minute read

November 09, 2018 | New York Law Journal

Attorney Misconduct During Depositions

Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness's answers or the flow of the examination.

By Michael Hoenig

11 minute read

October 05, 2018 | New York Law Journal

Litigating the Return of Nazi-Looted Art

Complex Litigation columnist Michael Hoenig writes: With the opening up and digitization of Europe's war-era records, family descendants and relatives of original owner-victims of Nazi plunder are awakening to the possibility that they may have restitutional rights in valuable artworks held by others. In short, there has been and can be a thriving branch of litigation of which lawyers (and judges) should be aware.

By Michael Hoenig

10 minute read


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