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November 18, 2015 |

More on Experts and 'Unreliable' Articles

In 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.
13 minute read
October 29, 2015 |

Volkswagen Emissions Litigation Turning Unwieldy

Chaos is building in courts across the country as about 400 Volkswagen emissions class actions have raced forward—with two federal judges ordering immediate settlement talks—despite a pending decision on whether to move the cases to multidistrict litigation.
4 minute read
October 29, 2015 | Law.com

Volkswagen Emissions Litigation Turning Unwieldy

Chaos is building in courts across the country as about 400 Volkswagen emissions class actions have raced forward—with two federal judges ordering immediate settlement talks—despite a pending decision on whether to move the cases to multidistrict litigation.
4 minute read
October 23, 2015 |

MDL Judge Hears Takata Air Bag Dismissal Motions

Attorneys for Takata and several major automakers argue vehicle owners who allege they took an economic hit by buying cars with defective Takata air bags should take advantage of a mass recall.
4 minute read
October 23, 2015 | Law.com

MDL Judge Hears Takata Air Bag Dismissal Motions

Attorneys for Takata and several major automakers argue vehicle owners who allege they took an economic hit by buying cars with defective Takata air bags should take advantage of a mass recall.
4 minute read
October 21, 2015 |

VW Cases Spark Call For Fairness

With more than 300 consumer lawsuits filed against Volkswagen A.G. over its emissions scandal, one prominent class action critic has elbowed into the litigation to voice an emerging concern: that settlements in mass tort multidistrict litigation need more judicial review.
5 minute read
October 21, 2015 | Law.com

VW Cases Spark Call For Fairness

With more than 300 consumer lawsuits filed against Volkswagen A.G. over its emissions scandal, one prominent class action critic has elbowed into the litigation to voice an emerging concern: that settlements in mass tort multidistrict litigation need more judicial review.
5 minute read
October 02, 2015 |

Legal Malpractice—Analysis and Defense

Brian P. Heermance and Christopher P. Keenoy write: Litigating a legal malpractice case is generally more complex than a simple tort action but, at its core, is governed by many of the same principles. The starting point is to simply examine the elements of any negligence claim—duty, breach, causation, and damages.
9 minute read
October 01, 2015 | Law.com

Legal Malpractice—Analysis and Defense

Brian P. Heermance and Christopher P. Keenoy write: Litigating a legal malpractice case is generally more complex than a simple tort action but, at its core, is governed by many of the same principles. The starting point is to simply examine the elements of any negligence claim—duty, breach, causation, and damages.
8 minute read
September 16, 2015 |

Surprising Revelations on Experts and Contingent Fees

In 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.
12 minute read

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