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5 Nov 2009, 12:29 pm
Bexis has been involved in HRT litigation (for somebody else), so neither of us can say anything substantive in public about that particular case - sorry. [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]
6 May 2016, 12:30 pm
This post is from the non-Reed Smith side of the blog. [read post]
9 Jan 2014, 1:37 pm
We’ve covered a lot of topics since we started DDLaw in late 2006. [read post]
31 Jul 2014, 1:12 pm
Finally, unlike the poor DES plaintiffs, these plaintiffs weren’t as poor – they could still sue their landlords.Full disclosure: Bexis was involved in Thomas, and he’s still hacked off about it. [read post]
29 Mar 2013, 2:00 pm
In honor of the Pennsylvania Supreme Court's recent grant of an appeal on the Restatement (Second)/Restatement (Third) in Tincher v. [read post]
9 Nov 2015, 7:09 am
Back in 2009 – when the blog was still a Bexis/Herrmann operation – we wrote a catch-all punitive damages post entitled (oddly enough) “On Punitive Damages. [read post]
16 Aug 2007, 7:20 am
In our cases, we like to talk to the prescribing doctors whenever we can. [read post]
7 Jul 2011, 2:31 pm
With New York courts continuing to boldly go where no courts have gone before (or since), and forum-shopping plaintiffs following them, we think it’s time to review this issue.First, Buckman (with the caveat that Bexis’ role in that case gives us more than the usual defense interest in its correct application).Buckman, at the Supreme Court level, involved a separate claim for fraud on the FDA – because that was the only thing appealable at the time. [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]
29 Oct 2008, 12:00 pm
The Wyeth v. [read post]
8 Oct 2009, 4:24 am
We've decided to get a couple of off-label use-related items off of our to-do-eventually list today. [read post]
20 Feb 2009, 5:04 am
The fascinating, and ultimately frustrating, pair of decisions in Guinan v. [read post]
5 Jun 2008, 12:56 pm
It's been said that the third time's the charm. [read post]
15 Jul 2010, 2:39 pm
Lederle Laboratories, 561 A.2d 511 (N.J. 1989), that long, long ago (but not in a galaxy that far away) Bexis helped litigate.Fortunately for the defendants in Moreno, Shackil was also a vaccine (DTP) case, and its rejection of strict liability in such cases was impossible for the plaintiff to avoid:The New Jersey Supreme Court has held that market-share liability cannot be applied to relieve a plaintiff of the obligation of identifying the manufacturer of a childhood vaccine that causes… [read post]
26 Jul 2007, 11:18 am
How many times have we heard that, in deciding preemption issues the "purpose" or "intent" of congress is the "ultimate touchstone" that the courts must respect? [read post]
7 Feb 2007, 9:48 pm
Bexis says it's like buying a ticket to a baseball game - but what would you expect from a Philly boobird.Well, we just got the notice for the next ALI annual meeting, and the aggregate litigation "principles" are on the agenda again. [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]
16 Jul 2009, 8:36 pm
., 945 So.2d 1246, 1265 (Fla. 2006) (Campbell requires decertification of punitive damages class and reversal of $145 billion verdict) (full disclosure - Bexis was on the defense team in Engle); EEOC v. [read post]
6 May 2010, 4:12 pm
Gadolinium itself is a “rare earth,” one of those oddballs that hang underneath the main periodic table, as Bexis found out about when his daughter told him she knew all the elements’ numbers by heart (it’s number 64, and, yes, she did know it). [read post]
