Publications: Products Liability 


By Michael Hoenig
reprinted by permission of:
 

2009

Optional Safety Equipment And the Savvy Purchaser May 11, 2009
Negotiated Settlements And Enforceable Contracts April 13, 2009
Drug Warnings Claims Not Preempted; And More March 9, 2009
Plug Pulled On Live Video Testimon February 9, 2009
Multiparty Cases: Counsel Must Keep Vigil for 'Mary Carter' Pacts January 29, 2009

2008

On 'Morgenthau' and Service Abroad, Choice of Law, Side Pacts December  8, 2008
On Collateral Estoppel, Proof Standard, 'Palsgraf' Issues November  19, 2008
Expert 'Reliability' Issues October 9, 2008
Marital Infidelity as Impeachment September 8, 2008
Expert-Report Deficiencies; Agency-Findings Admissibility August 11, 2008
Supreme Court Speaks Again on Punitive Damages July 14, 2008
Expert Proofs, Medical Monitoring, and More June 16, 2008
Admissibility of Test Evidence: A Fresh Approach May 12, 2008
Issues Concerning Depositions, Backup Audiotapes April 14, 2008
Inadvertent Receipt of Adversary's Privileged Materials March 18, 2008
Judicial 'Gatekeeping': 'Frye,' 'Foundational Reliability' February 11, 2008
The 'Sham Affidavit'/'Feigned Issue' Doctrine January 14, 2008

2007

Privacy Interests and Confidentiality Orders December 10, 2007
Discovery Protection for Nontestifying Experts October 10, 2007
The Growing Challenge of Internet Hearsay August 13, 2007
Privileged Communications and E-Mail Chains July 9, 2007
Demonstrations at Videotaped Depositions June 11, 2007
Admissibility of Electronic Information May 30, 2007
Supreme Court Clarifies 'Forum Non Conveniens' April 11, 2007
'Res Ipsa' Claim Fizzles, Lawyers Lectured February 13, 2007
'Atkins Diet' Alleged Harm; CAFA's Jurisdiction Demands January 8, 2007

2006

Clarifications: Motions to Dismiss, Inconsistent Verdicts December 12, 2006
'Parker': A New Era for Gatekeeping Experts? November 13, 2006
Experts, Privileged Info; Secret 'High-Low' Agreements October 11, 2006
Enforcing Judgments: Improper 'Conduit Hearsay' September 11, 2006
Destructive Testing and the Federal 'Mirchandani' Case August 14, 2006
Speculative, Unfounded Expert Opinions July 10, 2006
Notable Recent Decisions: Clinical Guidelines, Res Ipsa Loquitur June 13, 2006
Discovery of Privileged Information Furnished to Experts May 8, 2006
Extreme Fault by Plaintiffs April 10, 2006
'Conduit Hearsay': A Minefield for Lawyers March13, 2006
Extracting Gold From Seemingly 'Unimportant' Decisions February 13, 2006
Six Questions (and Answers) You May Have Missed January 9, 2006

2005

Resources on Trial Practice December 12, 2005
Drafts of Affidavit Protected From Disclosure November 15, 2005
Foundation Required for 'No-Accident' Evidence October 17, 2005
'Gatekeeping' of Experts and Unreliable Literature September 12, 2005
Blaming Lawyers When Experts Flub August 8, 2005
'Gatekeeping' Gems Give Guidance July 11, 2005
'Reasonable Fees' for Experts' Disclosure June 13, 2005
Resources on Motions In Limine May 9, 2005
'Gatekeeping' Experts: 'Daubert' Boils and 'Frye' Sizzles Apil 11, 2005
Depositions: Voluntary Absence, Pretrial 'Slivers' of Testimony March 14, 2005
'Abulhasan,' 'Batori': Uncertainties in Tracing Products February 14, 2005
Unreliable Causation Proof Dooms Claims January 10, 2005

2004

More on Computer-Generated 'Pedagogical' Devices December 13, 2004
Computer-Generated 'Pedagogical' Devices: Admissible or Not? November 8, 2004
Fees for 'Treating Physician' Depositions October 18, 2004
Report Disputes Radiology Experts' Opinions September 13, 2004
Evaluating the Experts: Reliability, Qualifications, and Methodology August 9, 2004
'Gatekeeping' of the Experts: The New 'Compurgators' July 12, 2004
Expert 'Reliability' Issues June 14, 2004
Complexities in Lawsuits Involving Children April 12, 2004
Independent Tort of Spoliation Rejected (For Now) March 8, 2004
'Gatekeeping' Factors Beyond 'Doubert's' 'Big Four' February 9, 2004
Worthwhile Reading on Depositions, Trials and Persuation January 12, 2004

2003

Worthwhile Reading on Post-Sale Duties December 23, 2003
Investigators and Surreptitious Recordings December 8, 2003
More on Attorney Work Product and Testifying Experts November 10, 2003
Experts' Reports, Drafts and Attorney Work Product September 8, 2003
Supreme Court Limits Punitive Awards April 14, 2003
Rejection of Amended Pleadings March 12, 2003
Survey of Recent Practice Tips for Tort Litigators February 10, 2003
The Extraterritorial Factor in Punitive Damages January 13, 2003

2002

Supreme Court Teaches Preemption Lessons December 18, 2002
Experts' Reliance on 'Unreliable' Hearsay November 12, 2002