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10 Dec 2010, 12:23 pm
Those are Bone Screw cases, and Bexis in particular is gratified to see that, more than a decade later, they're still the gift that keeps on giving - heartburn to plaintiffs from coast to coast. [read post]
6 Dec 2010, 11:34 am
Bexis drafted them, and the ALI accepted them. [read post]
19 Nov 2010, 11:49 am
SG br. at 29.We don't beat SCOTUSBlog often in their sweet spot, but this time Bexis got a tip due to his (tangential) involvement in the case. [read post]
2 Nov 2010, 12:19 pm
Bexis observes that of all the law blogs started up by practicing lawyers at about the same time as Drug & Device Law, only little ol’ CalBizLit (Est. [read post]
29 Oct 2010, 9:57 am
Bexis had dinner with him the other day, and he’s happy – and a lot more relaxed – these days. [read post]
14 Oct 2010, 10:11 am
We’re very aware of that issue, since Bexis had a hand in winning it in In re BridgeStone/Firestone, Inc. [read post]
11 Oct 2010, 5:41 am
[The prescriber's] lack of memory, of course, does not preclude the possibility that she had read these materials, but neither can it sustain [plaintiff's] burden.Slip op. at 8.Fortunately, there's no heeding presumption in prescription drug cases in Texas, courtesy of a Herrmann/Bexis collaboration by the name of Ackermann v. [read post]
11 Oct 2010, 4:00 am
Bexis served on ALI's project on Principles of the Law of Aggregate Litigation, for which Nagareda was an uncommonly insightful and even more uncommonly kind reporter. [read post]
30 Sep 2010, 2:29 pm
One of us (Bexis) edits the ABA Mass Torts Newsletter. [read post]
30 Sep 2010, 4:57 am
Tires Products Liability Litigation, 333 F.3d 763 (7th Cir. 2003), that Bexis amicused for PLAC. [read post]
16 Sep 2010, 1:22 pm
Last May, in our post criticizing a decision in the Gadolinium litigation, we coined the term “spherical error” to describe an opinion that we thought was wrong in so many ways that it was erroneous no matter how one viewed it. [read post]
15 Sep 2010, 5:49 am
For that proposition the court cited Bexis - really. [read post]
10 Sep 2010, 8:07 am
As we discussed in an earlier post, that’s led to still more squabbling among the federal district courts.Full disclosure – Bexis filed amicus briefs for PLAC in all of those other cases on the Third Restatement issue.So the Third Restatement question has vexed Pennsylvania product liability law for quite a few years. [read post]
31 Aug 2010, 9:11 am
At that point both we (that being Bexis and the securities litigation group at Dechert) and the Advanced Medical Technology Association, better known as AdvaMed, the world's largest medical technology association, thought it was high time to get involved.So AdvaMed retained us to file an amicus brief arguing that: (1) adverse event reports are inherently unreliable, incomplete, biased (including being media-driven), and for several other reasons not valid evidence of… [read post]
26 Aug 2010, 7:03 am
And in the interest of full disclosure, we should tell you that Bexis not only wrote an amicus brief on behalf of the Product Liability Advisory Council in this appeal, but came up with a winning argument: The district court overstepped its bounds in “predicting” a novel expansion of Delaware law. [read post]
9 Aug 2010, 4:00 am
Thus, the replevin claim eluded the statute of limitations and was the only claim Plaintiff had left.At this point, Bexis/Herman offered their Solomonic advice to settle the case. [read post]
5 Aug 2010, 2:08 pm
Wyeth br. at 1, 5-9.We remember those days well, as we (well, Bexis) defended DTP manufacturers against the same sort of bizarre design defect claims at issue in Bruesewitz – that an alternative “safer” design can render a vaccine categorically defective, even though that design was not FDA approved. [read post]
4 Aug 2010, 3:46 pm
--Posted By Bexis to Drug and Device Law at 7/30/2010 08:00:00 AM [read post]
3 Aug 2010, 12:00 pm
Bexis mentioned in his book (§3.07 n.2) the antediluvian case that the plaintiffs latched onto, Hoffman v. [read post]
28 Jul 2010, 9:24 am
Tomorrow we (read: Bexis) will analyze the rest of the opinion, which discusses device preemption, parallel claims, and off-label promotion. [read post]
