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25 Apr 2014, 3:13 pm
  We’re now pleased to inform everyone, however, that the Maryland Court of Appeals (that state’s highest court) has reversed that bad decision on precisely the grounds we hoped it would (yes, Bexis was in touch with the appellant physician’s counsel in that case). [read post]
16 Apr 2014, 4:36 pm
  Suffice it to say that part of the process involves Bexis and a cauldron. [read post]
28 Mar 2014, 11:58 am
  (See for example Bexis’s recent “little list” of authorities dismissing warning claims for lack of causation where the prescribers were unavailable.) [read post]
27 Mar 2014, 12:04 pm
              Well, this post reaches back almost 20 years for some of us (Bexis and Yeary). [read post]
20 Mar 2014, 6:12 am
  As we listened to the presentation and learned about all the nasty problems that could befall a manufacturer that didn’t get these complicated “country of origin” (which we’re abbreviating “COO” from now on) rules right in its product information, we couldn’t help harking back to a phrase from our (or at least Bexis’) misspent youth – COO sounds like a “nexus of the crisis, and the origin of storms. [read post]
14 Mar 2014, 5:40 am
  Bexis recently gave us his survey of safe harbors against state consumer fraud claims, and we commented just the other day that perhaps a safe harbor should apply in a class action alleging California consumer fraud claims based on purported overrepresentation of an antidepressant’s efficacy. [read post]
11 Mar 2014, 1:35 pm
[Editor's Note:  Bexis would argue that after Bartlett the claim in Wells is preempted because the FDA requires by regulation (and here rejected) all warnings about the risks of off-label use have prior agency approval before they may be included in the labeling. [read post]
10 Mar 2014, 11:31 am
Here’s another “little list” that came about because of Bexis updating chapter two (information-based claims) of his book. [read post]
6 Mar 2014, 12:41 pm
Because Bexis is updating chapter two (information-based claims) of his book, he has some ideas for some shorter lists of interesting cases. [read post]
5 Mar 2014, 2:46 pm
  The drafter of PLAC’s brief in that case (Mayer Brown’s Ken Geller) sits with Bexis on PLAC's nationwide case selection committee, and outranks Bexis in seniority). [read post]
21 Feb 2014, 8:53 am
Not too long ago we were asked what we thought about warning claims involving medication guides. [read post]
20 Feb 2014, 6:10 am
  We get that preemption can be complicated, and we routinely rely on Bexis and our many scorecards (here, here , and here) to keep it all straight. [read post]
19 Feb 2014, 4:30 am
(Speaking of crazy-quilt requirements, Bexis reminded us that the ancients tried to explain the anomalies in the old earth-centered cosmology by conjuring up "epicycles." [read post]
6 Feb 2014, 12:40 pm
  Bexis first heard it on April 29, 2010. [read post]
29 Jan 2014, 4:30 am
  Preemption, sadly, will seldom extend its sweet embrace to a 510(k) device, no matter how much Bexis and logic and policy suggest otherwise. [read post]
9 Jan 2014, 1:37 pm
We’ve covered a lot of topics since we started DDLaw in late 2006. [read post]
2 Jan 2014, 9:38 am
  Bexis and Eric Alexander of the Reed Smith side of the blog will hold a teleseminar on the 2013 top and bottom ten, available to anyone who wants to tune in. [read post]
17 Dec 2013, 11:12 am
  Bexis is particularly pleased with this win as he and two other RS attorneys (Dan Winters and David Bird) authored a defense amicus brief for the Product Liability Advisory Council in Caronia.Add New York to the list of jurisdictions rejecting medical monitoring claims where the plaintiffs allege no physical injury. [read post]
13 Dec 2013, 9:54 am
  Federal preemption is a powerful defense, as Bexis frequently reminds us, and where express preemption appears on the face of the complaint, the defendant should be able to put an end to litigation. [read post]