November 18, 2015 | New York Law Journal
More on Experts and 'Unreliable' ArticlesIn his Complex Litigation column, Michael Hoenig writes that lamentably, the problems with "predatory" science journals seem to persist. Lawyers should prepare well in order to challenge experts relying on unreliable hearsay literature, and judges, too, have to be willing to let the gatekeeping task unfold with appropriate discovery directed to the testifier-expert and disclosure about the hearsay literature itself.
By Michael Hoenig
14 minute read
November 17, 2015 | New York Law Journal
More on Experts and 'Unreliable' ArticlesIn his Complex Litigation column, Michael Hoenig writes that lamentably, the problems with "predatory" science journals seem to persist. Lawyers should prepare well in order to challenge experts relying on unreliable hearsay literature, and judges, too, have to be willing to let the gatekeeping task unfold with appropriate discovery directed to the testifier-expert and disclosure about the hearsay literature itself.
By Michael Hoenig
14 minute read
September 16, 2015 | New York Law Journal
Surprising Revelations on Experts and Contingent FeesIn his Complex Litigation column, Michael Hoenig writes: What starts out as a seemingly simple general rule—no contingency fees for experts—actually masks some subtleties and questions that warrant litigators' attention.
By Michael Hoenig
13 minute read
September 15, 2015 | New York Law Journal
Surprising Revelations on Experts and Contingent FeesIn his Complex Litigation column, Michael Hoenig writes: What starts out as a seemingly simple general rule—no contingency fees for experts—actually masks some subtleties and questions that warrant litigators' attention.
By Michael Hoenig
13 minute read
August 10, 2015 | New York Law Journal
Ethnicity-Based 'Economic Loss' Testimony UnconstitutionalIn his Complex Litigation column, Michael Hoenig writes: In a bombshell decision issued on July 30, Eastern District Judge Jack B. Weinstein found that use of "ethnicity-based statistics" to obtain a reduced damage award in calculating future economic loss violates due process and equal protection.
By Michael Hoenig
11 minute read
August 07, 2015 | New York Law Journal
Ethnicity-Based 'Economic Loss' Testimony UnconstitutionalIn his Complex Litigation column, Michael Hoenig writes: In a bombshell decision issued on July 30, Eastern District Judge Jack B. Weinstein found that use of "ethnicity-based statistics" to obtain a reduced damage award in calculating future economic loss violates due process and equal protection.
By Michael Hoenig
11 minute read
July 13, 2015 | New York Law Journal
When Jurors Learn About Settlement OffersIn his Complex Litigation column, Michael Hoenig writes that finding constitutional implications when jurors receive extrinsic prejudicial information within a criminal case context may not be so surprising. Is there also a constitutional dimension, however, when the jury considers extraneous prejudicial information in a civil case? A recent federal appellate decision suggests that the answer is "yes."
By Michael Hoenig
13 minute read
July 10, 2015 | New York Law Journal
When Jurors Learn About Settlement OffersIn his Complex Litigation column, Michael Hoenig writes that finding constitutional implications when jurors receive extrinsic prejudicial information within a criminal case context may not be so surprising. Is there also a constitutional dimension, however, when the jury considers extraneous prejudicial information in a civil case? A recent federal appellate decision suggests that the answer is "yes."
By Michael Hoenig
13 minute read
May 11, 2015 | New York Law Journal
Ruling on Asbestos Experts a Potential Game ChangerIn his Complex Litigation column, Michael Hoenig discusses asbestos litigation and the single-fiber theory, and a bombshell ruling that exposes the tensions between what experts claimed and what New York's legal standards require in order to admit reliable expert testimony.
By Michael Hoenig
13 minute read
May 10, 2015 | New York Law Journal
Ruling on Asbestos Experts a Potential Game ChangerIn his Complex Litigation column, Michael Hoenig discusses asbestos litigation and the single-fiber theory, and a bombshell ruling that exposes the tensions between what experts claimed and what New York's legal standards require in order to admit reliable expert testimony.
By Michael Hoenig
13 minute read
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