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15 Sep 2008, 8:00 am
PTC has hired Bexis' firm to handle the appeal in this case, so Bexis now has a conflict of interest. [read post]
11 Sep 2008, 8:12 pm
But Herrmann won that issue when it first arose in the Ohio state court system, and Bexis got cited by the U.S. [read post]
31 Jul 2008, 5:30 pm
See generally Bexis' book §2.04[1] at footnote 17 (collecting state-of-the-art citations from drug and device cases in 35 states, the District of Columbia, and Puerto Rico).So that's one thing - one pretty big thing - that we think is wrong with the anti-preemption rationale in Tucker II. [read post]
11 Jul 2008, 3:45 pm
This breaking news post is from Bexis only, as Wyeth - a major HRT defendant - is a big Herrmann client.The New Jersey state court judge in Middlesex County has just issued a couple of good rulings. [read post]
11 Jul 2008, 1:17 pm
Bexis is already in Philadelphia.But Herrmann's joining him on Monday and Tuesday, July 14 and 15, so that your dynamic blogging duo can co-chair the American Conference Institute's Drug and Device Preemption Conference.Since we're co-chairing the conference, we made sure the agenda covered all of the topics dear to our hearts -- Riegel, Kent, Levine, the "Change Being Effected" regulation, and so on. [read post]
7 Jul 2008, 1:08 pm
(They're partying with Bexis in Philadelphia; Illinois is feeling quite overlooked with Herrmann in Chicago.) [read post]
1 Jul 2008, 2:30 pm
Here's the opinion itself, and here's a synopsis:(1) The court finally used the Cardozo "knight errant" quote that Bexis has ended all of his public nuisance amicus briefs with for the past decade or so. [read post]
13 Jun 2008, 12:12 pm
That's a great way to attract business to the state.And worst of all, lawyers practicing in New Jersey have to use the New Jersey state reporters, rather than the West System, when citing cases in their papers.And although it's not like defendants had no luck at all in New Jersey (in his younger days Bexis helped with cases that rejected market share liability and recognized the learned intermediary rule: Shackil v. [read post]
12 Jun 2008, 3:01 pm
Bexis, who would know the answer to this question, does not participate in posts about the Vioxx litigation, because his firm is involved in Merck's defense. [read post]
11 Jun 2008, 8:56 pm
(Then, as now, Bexis played no role in writing posts about the case, since his firm is involved in the Vioxx defense. [read post]
11 Jun 2008, 1:47 pm
The complaint pleads that the law firms representing plaintiffs mishandled the Vioxx settlement, failing to provide money to cover lien rights of ERISA health plans.Given Bexis' firm's involvement in the case (on the defense side, naturally, and so not involved in this new litigation), we'll say no more on this subject.But here's a link to the Legal Newline article about the new case, and a hat tip to Pharmalot. [read post]
4 Jun 2008, 2:38 pm
Here's my thesis: Bexis keeps winning all these cases just so Herrmann is saddled with the responsibility of writing 'em up on the blog. [read post]
4 Jun 2008, 2:08 pm
"Until Herrmann gets a chance to read the opinion, we can't comment any further, since Bexis represents Merck in Vioxx litigation. [read post]
3 Jun 2008, 2:43 pm
May 29, 2008).On the other hand, we're slow as a snail.We haven't yet posted our analysis of either case.Don't blame Bexis. [read post]
2 Jun 2008, 5:00 am
So Bexis is out celebrating, and Herrmann gets stuck writing up the decision. [read post]
29 May 2008, 8:22 am
Again, Herrmann's out of pocket and Bexis can't comment substantively because of his Vioxx involvement, but the 14th Texas Court of Appeals has just reversed the $253 million verdict against Merck in the Ernst case. [read post]
29 May 2008, 8:03 am
Bexis is involved in the case and thus conflicted out from saying anything substantive. [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]