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June 09, 2014 |

'Unreliable' Articles: More on Peer Review's Frailties

In his Complex Litigation column, Michael Hoenig writes: A party's challenge is not always to prove that the opponent expert is lying. An expert can testify impressively and his qualifications may be excellent. He may even believe what he is saying. But if he relies upon and spouts what is essentially "junk science," extracted from someone else's writing, the testimony is junky nonetheless.
10 minute read
May 28, 2014 |

Insurance Exclusions for Injured Employees

David B. Hamm writes that a recent Second Department decision holding that a commercial general liability policy issued to a contractor, containing an exclusion for "Bodily Injury to 1. An employee of any insured arising out of and in the course of: (a) Employment by any insured" means exactly what it says was not wrong, but the use of an employee exclusion bearing that language in any liability policy is.
8 minute read
May 12, 2014 |

'Unreliable' Articles, 'Trial By Literature' Revisited

In his Complex Litigation column, Michael Hoenig writes that sooner or later, much of expert testimony boils down to what experts have read or learned or confirmed from writings, an enhancement of their expertise that is beneficial when such writings are trustworthy and accurate. But, as the famous song goes, "it ain't necessarily so."
13 minute read
April 14, 2014 |

Ruling on Mold Clarifies 'Reliability' Needed From Experts

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes: Just two weeks ago, the New York Court of Appeals issued its key decision in 'Cornell v. 360 W. 51st St. Realty,' yet again offering detailed guidance to bench and bar on a variety of expert reliability issues. Although the court's approach generally tracks 'Parker v. Mobil Oil,' there are additional lessons of note.
11 minute read
March 10, 2014 |

U.S. Supreme Court Clarifies Personal Jurisdiction Boundaries

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes: The U.S. Supreme Court's unanimous opinion in 'Walden v. Fiore' has potential to upset some apple carts, to disturb existing or smug notions of in personam jurisdiction and to revitalize jurisdictional challenges by foreign defendants sued in a state where they had no or little direct activity.
12 minute read
February 18, 2014 |

Baker & McKenzie Launches in Myanmar

Sydney partner Chris Hughes will lead the new Yangon office, the third opened in the country by a U.S. law firm.
1 minute read
February 12, 2014 |

Third Circuit Adopts $69M Pact in Class Lawsuit Against Volkswagen

A long-stalled $69 million settlement in a class-action suit over leaky sunroofs in Volkswagen and Audi vehicles is approved by a federal appeals panel.
4 minute read
February 10, 2014 |

Settlement Confidentiality; Spoliation Sanctions

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, reviews a recent ruling which consolidated and decided motions to seal the settlement agreements reached in two separate lawsuits, revealing potential traps for the unwary who seek confidentiality of their settlements, and a second decision affirming harsh spoliation penalties against a defendant who failed to preserve a treadmill used by a plaintiff who was injured.
10 minute read
January 01, 2014 | Insurance Coverage Law Center

In re September 11 Litig.

Click Here for FC&S Legal Expert AnalysisIn re September 11 Litig. 906 F.Supp.2d 295United States District Court,S.D. New York.In re SEPTEMBER…
22 minute read
December 13, 2013 | Insurance Coverage Law Center

Roman Catholic Diocese of Brooklyn v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa.

 Click Here for FC&S Legal Expert Analysis  Roman Catholic Diocese of Brooklynv.Nat'l Union Fire Ins. Co. of Pittsburgh, Pa.21 N.Y.3d…
46 minute read

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