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16 Feb 2009, 1:52 am
We've argued strenuously here and here (and Bexis filed two amicus briefs in Dukes, with another one possibly coming) that the answer to that latter question has to be "no" after the Supreme Court's decision in Williams v. [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]
3 Feb 2009, 12:20 am
(Those judges can be awfully sneaky.)Anyway, the court entered the order granting summary judgment on Friday; here's a link to the 15-page decision.Since Bexis has recused himself from writing about the Seroquel MDL, this report again is written by Herrmann alone.AstraZeneca faces about 9000 lawsuits involving 15,000 plaintiffs generally pleading that patients' ingestion of the atypical antipsychotic Seroquel caused the plaintiffs to develop diabetes and related disorders.The MDL… [read post]
2 Feb 2009, 9:00 pm
Here's a link to Judge Conway's one order that decides AstraZeneca's six motions.Since Bexis is involved in the Seroquel cases, he's recused himself from this report. [read post]
28 Jan 2009, 11:06 pm
Conway, who presides over the Seroquel multidistrict litigation, orally granted summary judgment dismissing both of the two Florida bellwether plaintiffs (Guinn and Haller) whose cases were scheduled to go to trial on Monday February 2, 2009.Bexis has been up to his eyeballs in defending the Seroquel litigation, and the relevant documents were filed under seal, so that limits what we can say at this point. [read post]
22 Jan 2009, 2:06 am
A lot of what follows is taken in more or less edited form from the amicus brief that Bexis filed with the California Supreme Court in Conte - a copy of which we're making available, here.One major problem with Conte is that the court placed form over substance. [read post]
11 Jan 2009, 9:00 pm
Bexis prefers to stick to drug and device law, so he played no role in drafting this post.A surprising number of folks have asked us whether blogging is a useful business development tool for lawyers. [read post]
20 Nov 2008, 10:19 am
This is a practical - some would say, impractical - post. [read post]
10 Nov 2008, 2:07 pm
A tip of the cap to the FDA Law Blog, which beat us to this story because the decision involves Seroquel, we had to find out if Bexis (whose firm is involved in that litigation) could blog about the case. [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]
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]
15 Oct 2008, 9:03 pm
Enough things - well, three, anyway - about off-label use have piled up in our inbox to warrant yet another point of the subject. [read post]
10 Oct 2008, 7:11 am
That's why at least one of us (Bexis), and possibly both, will be attending the 2008 (9th) Annual Legal Reform Summit, hosted by the U.S. [read post]
8 Oct 2008, 11:50 am
Bexis' book has a whole subsection ( §2.02[3]) just on this aspect of comment k. [read post]
1 Oct 2008, 3:51 pm
There's been a controversy in both the scientific literature and the popular press recently about whether Merck's "ADVANTAGE" trial of Vioxx was a "seeding" trial conducted for marketing purposes.That subject has been too hot for us to touch, in part because Bexis' firm is involved in the Vioxx litigation, so he couldn't speak on this subject.But John Calfee, a Resident Scholar at the American Enterprise Institute, could. [read post]
30 Sep 2008, 5:00 am
Since Herrmann argued this case, and Bexis contributed an amicus brief, we're going to be quite guarded in what we write here. [read post]
24 Sep 2008, 11:53 am
For the benefit of those who are watching this case, here's a link to that brief.Finally, we reported a couple of weeks ago that Bexis' firm had been retained to work on this appeal, so he was not participating in drafting blog posts about the case.Herrmann has now been retained to file an amicus curiae brief in this appeal, so he, too, has developed a conflict. [read post]