February 27, 2007 | National Law Journal
7th Circuit Slaps Counsel, Punctures Airbag ClaimA recent 7th Circuit Court of Appeals case, arising from injuries allegedly caused by deployment of an airbag, illustrates a nightmare scenario for plaintiffs counsel. The stinging opinion by Judge Richard A. Posner (pictured) shot down plaintiff's res ipsa loquitur theory, rejected the testimony of plaintiff's putative expert and then slammed both parties for basic errors in establishing federal jurisdiction. In his analysis, Michael Hoenig of Herzfeld & Rubin surveys the damage.
By Michael Hoenig
12 minute read
September 10, 2007 | New York Law Journal
Products LiabilityMichael Hoenig, a member of Herzfeld & Rubin, writes that a kind of feeding frenzy has evolved in which hungry class action lawyers routinely scan the news of the day looking for litigation opportunities, advertise for plaintiffs or find employees or friends to act as putative class representatives and then file class actions for megabucks in the friendliest, class certification-prone courts available. This expanding custom is not only unwholesome, it may have greater repercussions.
By Michael Hoenig
14 minute read
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