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On June 12, the N.Y. Court of Appeals clarified the interplay of a rule intended to require injured plaintiffs to produce medical reports of health care providers who previously treated or examined the plaintiff [22 NYCRR 202.17(b)(1)] with a broader discovery rule requiring a measure of disclosure regarding a plaintiff’s proposed expert testimony [CPLR 3101(d)].  In Hamilton v. Miller, 2014 NY Slip Op 04230 (Ct. App. June 12, 2014), the two disclosure devices leeched one into the other because of lower court rulings that plaintiffs must do more than the treating physician rule actually mandates and do so earlier than the expert disclosure rule requires.

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Michael Hoenig

Michael Hoenig is a member of Herzfeld & Rubin, P.C., of New York City, specializing in products liability and complex litigation. He has served as national, regional and local defense counsel for a number of foreign and domestic companies including all phases of product litigation; negotiations in complex or catastrophic injury cases; class actions; regulation matters; and preventive counseling. He heads major litigation groups engaged in product liability and class action defense from inception of claims through trials and appeals. For decades, Michael authored the “Products Liability” column, a regular feature of the New York Law Journal (“NYLJ”). Since June 2012, he writes the NYLJ’s monthly “Complex Litigation” column. He has been a Lecturer and Panelist in CLE programs for New York Judges on Judicial ‘Gatekeeping’ of Scientific Evidence and Expert Testimony.

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