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30 Oct 2007, 5:12 am
In the Bone Screw wars, Herrmann's client settled; Bexis' client objected to the settlement. [read post]
26 Oct 2007, 11:35 am
There's a really smart professor, Dan Dobbs, who wrote his own book on torts (before Bexis did), and he says these claims are beyond the pale. [read post]
4 Oct 2007, 8:10 am
Herrmann represents clients too deeply involved in the subject matter of this post for him to speak on these subjects. [read post]
2 Oct 2007, 6:04 am
Bexis tried a bunch of asbestos cases in his youth, but the number of cases that he actually tries has dropped off in recent years. [read post]
27 Sep 2007, 8:07 am
Way to go Bexis! [read post]
26 Sep 2007, 9:54 am
Bexis' book [we've decided that it's "Beck and Herrmann" in the aggregate, but "Bexis" in the singular] again gathers the pre-Lohr device preemption cases, along with the post-Lohr cases through late 2006.) [read post]
20 Sep 2007, 12:02 pm
Bexis devotes half a chapter to all this in his book, Beck & Vale, Drug & Medical Device Product Liability Handbook, §11.01[1][a-f] (2004). [read post]
13 Sep 2007, 10:48 am
That's due to Bexis' involvement in that litigation. [read post]
6 Sep 2007, 8:13 am
The court followed the four conclusions reached in Sykes (another Eastern District of Pennsylvania case) - and an opinion we also liked.Allowing case-by-case inquiries into whether a particular vaccine is unavoidably unsafe would do nothing to protect vaccine manufacturers from suit from design defects, as congress intended.Congress also intended to provide an umbrella under which manufacturers would improve the safety of their products while remaining immune from design defect claims made possible… [read post]
16 Aug 2007, 7:20 am
In our cases, we like to talk to the prescribing doctors whenever we can. [read post]
2 Aug 2007, 11:44 am
Now, Wisconsin isn't exactly the most defendant-friendly jurisdiction in the country (Bexis, wearing his Thomas and Kriefall scars, agrees). [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]
19 Jul 2007, 1:47 pm
We're so used to adverse decisions out of the District of Minnesota - what with the defibrillator MDLs "distinguishing" Buckman into near oblivion, and the heart valve MDL persisting in certifying classes despite being told not to by the Eighth Circuit - that good news from that district is like a breath of fresh air.That's what we got recently in In re Baycol Products Litigation, 2007 WL 2004432 (D. [read post]
12 Jul 2007, 10:39 am
Some time ago we posted critically about an ALI Restatement proposal (since tentatively adopted over our, or at least, Bexis,' vocal objections) that would abolish the requirement that expert witnesses hold their opinions to a reasonable degree of professional certainty. [read post]
28 Jun 2007, 10:16 am
Bexis, stop it, this lesson's not about that.So you evaluate the situation. [read post]
28 Jun 2007, 5:28 am
As we (well, Mark, because Bexis was muzzled) already posted here, we don't think that rationale holds water anymore after what the NJ Supreme Court had to say about the scope of the Product Liabilty Act in its Lead Paint decision. [read post]
21 Jun 2007, 11:10 am
Bexis wrote his own law review article on that subject back in 1998 and explained in excruciating detail why this was a very bad idea. [read post]
7 Jun 2007, 10:52 am
Bexis spotted this one - because he's compulsive and checks the Pennsylvania Supreme Court website every morning to see if any of his half-dozen pending matters have been decided. [read post]
4 May 2007, 4:25 am
There's a footnote four pages long to that effect in Bexis' book ( §4.01[1], note 14). [read post]
18 Apr 2007, 10:06 pm
Just look in Bexis' book, for one thing. [read post]
