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14 May 2015, 7:28 am
”  Since Bexis’ 1998 law review article popularized the now-overwhelmingly adopted position that informed consent includes medical risks, not regulatory matters such as off-label use, we are particularly interested in patrolling that boundary. [read post]
16 Apr 2015, 5:26 am
  Bexis has been working with the Lawyers for Civil Justice to respond to a proposal that would:  (1) allow classes where most members aren’t injured at all; (2) allow free reign for non-predominance “issue classes”; (3) legitimize “cy pres” donations of class funds to charities that foment litigation; and (4) allow settlement classes that ignore the rest of Rule 23, among other things. [read post]
13 Apr 2015, 6:15 am
  While the court may have been concerned with the defense’s argument, Bexis became uber-concerned with the court’s ruling, particularly its conflation of the express-preemption concept of a “parallel violation” and the implied-preemption basis for Mensing. [read post]
8 Apr 2015, 11:27 am
  Bexis will be there, which may be educational, but will certainly be informal.4. [read post]
20 Mar 2015, 9:16 am
  Both verdicts were reversed on appeal, which was good news.The Wilson case in South Carolina is decidedly bad news, maybe even a candidate for our 2015 Ten Worst, although it’s too soon to tell (Bexis doesn’t let us in on the lists until early December). [read post]
12 Mar 2015, 5:33 am
  Bexis’ book currently states, “[f]ield preemption has not been applied to FDA regulation of drugs and medical devices. [read post]
26 Feb 2015, 5:00 am
  Indeed, one of Bexis’ worries about the Third Restatement was that eventually it might call the Hahn strict liability exemption into question. [read post]
19 Feb 2015, 6:09 am
  That case (as opposed to the multiple-claim ones involving Bexis’ client) was appealable as of right. [read post]
13 Feb 2015, 11:43 am
  We still have fresh in our minds the survey that Bexis posted a few days ago of state laws limiting the liability of non-manufacturing sellers of prescription medical products. [read post]
11 Feb 2015, 11:44 am by Lisa Baird
Over on the Drug & Device Law blog, our Reed Smith colleague Jim Beck (aka “Bexis”) has done some deep thinking about possible product liability implications relating to the 3D printed medical devices. [read post]
27 Jan 2015, 12:40 pm by Lisa Baird
Over on the Drug & Device Law blog, Reed Smith partner Jim Beck (aka “Bexis”) makes a case for adding an explicit ascertainability requirement to Fed. [read post]
16 Jan 2015, 5:00 am
  While people may present a particular version of reality through their own social media posts—like the lightly-doctored photo we have seen of Bexis having lunch with Learned Hand, J.K. [read post]
13 Jan 2015, 11:06 am
  Bexis, Steve McConnell and Steven Boranian of the Reed Smith side of the blog will hold a teleseminar on the 2014 top and bottom ten, available to anyone who wants to tune in. [read post]
30 Dec 2014, 8:34 am
              As for 2014, Bexis is posting his annual Best Of and Worst Of lists. [read post]
11 Dec 2014, 6:37 am
  Sure, Bexis would have liked the Third Restatement better. [read post]
28 Nov 2014, 5:04 am
  If you mark up the post in some efficient way and send your results to Bexis, then he will tally the results (like a scorecard of actual scores for once). [read post]
26 Nov 2014, 4:30 am
   Naturally, Bexis had the most to say. [read post]
17 Nov 2014, 6:50 am
  Although it took until 2012, with some help from Bexis, for the Texas Supreme Court to finally adopt the learned intermediary doctrine, deciding that it was A Time to Killan awful decision from 2010whose name should have been Mud. [read post]