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28 Jun 2007, 10:16 am
Bexis, stop it, this lesson's not about that.So you evaluate the situation. [read post]
23 Oct 2008, 9:03 am
Again, that sounds like a field preemption argument to us.And we know there are lots and lots more of these types of cases than just the few cited in the petition, because they're in Bexis' book. [read post]
21 Jan 2016, 12:08 pm by James Beck
  Bexis, is particularly pleased, since he filed an amicus curiae brief in Watts. [read post]
8 Feb 2009, 9:35 pm
Feb. 6, 2009) (here's the obligatory link to the opinion).Bexis's firm is still involved in these cases, so Bexis is still not participating in drafting posts about the cases. [read post]
21 Jan 2016, 12:08 pm by James Beck
  Bexis, is particularly pleased, since he filed an amicus curiae brief in Watts. [read post]
1 Feb 2008, 6:04 am
(By the way, Bexis wrote this post; Herrmann had nothing to do with it.) [read post]
6 Mar 2014, 12:41 pm
Because Bexis is updating chapter two (information-based claims) of his book, he has some ideas for some shorter lists of interesting cases. [read post]
13 Feb 2013, 4:30 am by Steve McConnell
It is not as if this qualifies as a profound insight, but whenever we watch a drug or device trial (easier and easier to do now with various internet services) we walk away thinking that the two key prongs to any defense are context and the doctor's choice of treatment. [read post]
6 Aug 2014, 2:34 pm
 (Bexis and Alexander are BOTH zip lining in exotic locales as we type this.) [read post]
23 May 2013, 5:00 am by Bexis
  Before the A-Z litigation started, we’d thought, and Bexis had even written in his book, that limiting the duty to warn in this way was a loser. [read post]
13 Nov 2014, 5:00 am
  Such vaccine litigation (Bexis’ first exposure to a pharmaceutical mass tort) was ultimately adjudged so inimical to the public health that Congress prohibited it. [read post]
19 Mar 2008, 11:36 am
The one False Claims case Bexis ever was involved in, United States ex rel. [read post]
14 Dec 2011, 9:26 am by Bexis
 A few years ago we (well, Bexis) participated in an amicus brief filed by the Product Liability Advisory Council, Inc. [read post]
10 Nov 2008, 1:00 pm
(Yo, Bexis: Are we permitted to type those words on this blog, even in the subjunctive: "if we represented the plaintiff"? [read post]
21 May 2012, 1:50 pm by Bexis
  Slip op. at 10-11 (citing one of Bexis' Bone Screw summary judgment wins).Finally, we've commented on plaintiffs' attempts in other cases to create some new duty to send a "Dear Doctor" letter in cases where their warning claims fail. [read post]
23 May 2008, 8:04 am
ALI's train had already left the station.Anyway, we're happy to report that at least Bexis' home state of Pennsylvania does not appear to be backing down one iota from its position that experts are supposed to express opinions to more certainty than the probverbial coin flip.Earlier this week - ironically on the first day of this year's annual meeting of the ALI - Pennsylvania's intermediate appellate court decided Griffin v. [read post]
21 Dec 2009, 5:50 am
Defense counsel should save that quote, frame it, stick it on the wall somewhere - Bexis plans to put it in the next edition of his book. [read post]
26 Oct 2012, 12:52 pm by Bexis
Bexis covered much of the decision in an earlier post, but in the wake of the Darvocet decision it’s worth noting Lyman’s support for applying implied “impossibility” preemption to brand-name drug manufacturers. [read post]