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23 Jul 2010, 12:35 pm
That didn't take long.Pennsylvania: Unlike New Jersey, the Pennsylvania CFA requires reliance as an element (thanks, Bexis, for the Weinberg opinion). [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]
28 Jun 2010, 3:50 am
(Disclosure: Bexis wrote much of the WLF amicus brief on this issue, so it's not as if we're disinterested.)There have been tens of thousands of cases filed claiming that atypical antipsychotics, such as Risperdal, aren't all they're cracked up to be and that they can cause weight gain and diabetes. [read post]
17 Jun 2010, 5:00 am
Bexis’ ears are still ringing from that one. [read post]
20 May 2010, 12:46 pm
Sure enough, it’s dated 2004 – the year before Bexis became an ALI member. [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]
26 Apr 2010, 8:38 am
Bexis briefed the punitive damages issue, which was remanded. [read post]
15 Apr 2010, 9:20 am
Indeed, when Bexis first got the idea to put the §337(a) argument to work in the personal injury field over a decade ago in the Bone Screw litigation, Lanham Act cases were the primary source of available precedent.They continue to be valuable precedent today. [read post]
9 Apr 2010, 7:34 am
Not too long ago, Bexis and Sean Wajert (along with Dechert associate Vince Gallo), wrote a backgrounder for the WLF about likely problems that could arise from the FDA's recent decision to allow its non-lawyer staff to send out warning letters without bothering to have them pre-reviewed by the FDA's internal lawyers. [read post]
25 Mar 2010, 1:47 pm
Bexis got to know him while Professor Nagareda was one of the Reporters for ALI’s Aggregate Litigation Principles Project and Bexis was a defense-oriented gadfly on the Members’ Consultative Group for that project.Anyway, they kept in touch, and he’s given us a sneak peek at his latest paper entitled “1938 All Over Again? [read post]
19 Mar 2010, 1:15 pm
Moreover, because Bexis was actually involved in Berrier - representing amicus PLAC - we know something about Berrier that none of these courts have picked up on. [read post]
18 Mar 2010, 2:47 pm
A long time ago (like when Bexis started practicing law) the Supreme Court held that “a district court must retain the power to insist upon some specificity in pleading before allowing a potentially massive factual controversy to proceed. [read post]
16 Mar 2010, 12:13 pm
We have a lot to say.It can be done: Penn professor Stephen Burbank invited Bexis and Herrmann to talk about Iqbal last year, and they had a lively debate. [read post]
12 Mar 2010, 2:19 pm
Bexis’ firm, Dechert, was right on the cutting edge of all this, and that meant so was Bexis. [read post]
10 Mar 2010, 5:00 am
Pa. 2006), in which Bexis was involved as local counsel, was one factor that motivated creation of this blog. [read post]
4 Mar 2010, 10:58 am
Pa. 2007), and if you want all the gory details, they’re in Bexis’ book at the end of §2.20[1].The plaintiffs, it turns out, didn’t have much to support the weird unpromoted off-label use cause of action. [read post]
16 Feb 2010, 8:34 am
For details, Bexis laid all that out in his amicus brief in the Caputo case. [read post]
2 Feb 2010, 7:28 am
If our plaintiff keeps this up, that’s probably going to force us to look for those cases at some point.But since we’re about drugs and devices, we turn to Bexis’ book, where we find loads of precedent holding that subsequent changes in drug labeling, and other FDA actions (such as recalls) are considered subsequent remedial measures: Chlopek v. [read post]
29 Jan 2010, 6:15 am
Everyone knows we prefer Garcia (where Bexis filed an amicus brief) to Desiano - and that overall Garcia's been winning.We're pleased to say that the streak continues. [read post]
21 Jan 2010, 4:30 am
Proving they can do more than just blog, Dechert's two longest-running bloggers, Bexis and Sean Wajert (who writes the Mass Tort Defense Blog), along with associate Vince Gallo, recently wrote a "Legal Backgrounder" for the Washington Legal Foundation analyzing the FDA's decision to do away with the vetting of its Warning Letters by actual lawyers before such letters are issued.The predictions: (1) more warning letters about less important things; (2) poorer… [read post]
