July 03, 2019 | New York Law Journal
Jurisdiction and Due Process; Deposition 'Coaching' UpdateIn 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 DevicesIn 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 AmericaIn 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 StatementsIn 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 MediaIn 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 PrivilegeIn 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 CasesComplex 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 DepositionsComplex 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 ArtComplex 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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