Michael Hoenig

March 09, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig reviews two recent rulings, one involving the potential interface of the so-called "eggshell plaintiff" rule with a crashworthiness/enhanced injury claim, the other, the reliability deficits in an expert's conclusions about certain crashworthiness features he claimed would have reduced the injuries.

By Michael Hoenig

15 minute read

March 08, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig reviews two recent rulings, one involving the potential interface of the so-called "eggshell plaintiff" rule with a crashworthiness/enhanced injury claim, the other, the reliability deficits in an expert's conclusions about certain crashworthiness features he claimed would have reduced the injuries.

By Michael Hoenig

15 minute read

February 10, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig writes: In 1998, the U.S. Supreme Court held that the attorney-client privilege survives the death of the client. However, that case, which dealt with the death of a natural person, did not answer questions regarding survival of the attorney-client privilege when a corporation becomes defunct. Surprisingly, the case law is relatively scant on this issue and clear boundaries have not been set.

By Michael Hoenig

13 minute read

February 09, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig writes: In 1998, the U.S. Supreme Court held that the attorney-client privilege survives the death of the client. However, that case, which dealt with the death of a natural person, did not answer questions regarding survival of the attorney-client privilege when a corporation becomes defunct. Surprisingly, the case law is relatively scant on this issue and clear boundaries have not been set.

By Michael Hoenig

13 minute read

January 12, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses the recent "Commentary on Protection of Privileged ESI" issued by The Sedona Conference, which contains insights that can help catalyze a lawyer's strategic thinking to develop tactical steps useful in certain types of complex litigation.

By Michael Hoenig

14 minute read

January 12, 2015 | New York Law Journal

In his Complex Litigation column, Michael Hoenig discusses the recent "Commentary on Protection of Privileged ESI" issued by The Sedona Conference, which contains insights that can help catalyze a lawyer's strategic thinking to develop tactical steps useful in certain types of complex litigation.

By Michael Hoenig

14 minute read

December 10, 2014 | New Jersey Law Journal

An upcoming law review article reveals serious ills in the current system of warnings litigation and provides a logical simple "fix" that is analogous to a widely accepted construct in product design litigation.

By Michael Hoenig

12 minute read

December 08, 2014 | New York Law Journal

In his Complex Litigation column, Michael Hoenig writes: A law review article by professors Aaron D. Twerski and James A. Henderson Jr. is about to be published in the Indiana Law Journal, and it merits serious attention by the bench and litigation bar. Provocatively titled, "Fixing Failure to Warn," the noted authors once again reveal serious ills in the current system of warnings litigation and provide a logical, simple "fix" that is analogous to a widely accepted construct in product design litigation.

By Michael Hoenig

13 minute read

October 20, 2014 | New York Law Journal

In his Complex Litigation column, Michael Hoenig reviews recent developments in three cases: the opinion of a plaintiff's crash injury causation expert was deemed "unreliable" by the Eleventh Circuit, four experts' opinions that plaintiff's zinc-induced copper-deficiency myelopathy was caused by using Fixodent denture adhesive were excluded, and the Fourth Department found a defendant's attorney in a motor vehicle accident case should have been allowed to question plaintiff regarding possible tax fraud in her tax returns.

By Michael Hoenig

11 minute read

September 15, 2014 | New York Law Journal

In his Complex Litigation column, Michael Hoenig focuses on a seemingly "exquisite" question in the law and lore of expert admissibility battles, namely, what happens when a party's factual testimony under oath contradicts his own expert's theory as to how the accident happened and how the alleged defect in the product could have caused the injury?

By Michael Hoenig

12 minute read