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24 Apr 2008, 12:02 am
Apr. 24, 2008).This was an appeal from a grant of summary judgment (based on the learned intermediary doctrine) in an antidepressant-suicide case.Wyeth sought affirmance on the ground of the learned intermediary doctrine, but also presented alternative grounds to affirm based on preemption and the Texas Civil Practice & Remedies Code.The Fifth Circuit affirmed based on the learned intermediary doctrine and chose not to reach the alternative grounds for affirmance.The court also held that… [read post]
12 Mar 2009, 5:06 am
The last section of the opinion discussed some of the practical implications that we raised about how requiring recusal in that situation could cause significant problems in the judiciary.Also, we (well, Herrmann, because Bexis is part of the Seroquel defense team) blogged earlier about the magistrate's evidentiary rulings in the Seroquel MDL, one of which was to exclude foreign regulatory actions. [read post]
8 Apr 2015, 11:27 am
  Bexis will be there, which may be educational, but will certainly be informal.4. [read post]
22 Mar 2016, 6:18 am
  Here are the DRI’s top ten reasons (other than Bexis being there) for going to this year’s seminar:10. [read post]
25 Aug 2014, 12:08 pm
A number of states don’t even recognize this theory as a separate cause of action (according to Bexis’ book, these include California, New Jersey, Pennsylvania, and Tennessee), and others preclude it when there is an "adequate remedy at law" (Florida, Louisiana, Massachusetts, Minnesota). [read post]
17 Jan 2008, 7:55 am
Not only that, but the FDA's proposal is the lead story in this morning's Product Liability 360 alert (quoting Bexis). [read post]
12 Jun 2012, 12:25 pm by Bexis
We hope we’re not overstepping our bounds somehow, but here’s a link to the article.We found it, frankly, because it cited a couple of Bexis’ articles on the subject. [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]
9 Jul 2009, 4:54 am
Bexis graduated law school in 1982 and Herrmann a year later (see our bios - links at the top - for the gory details). [read post]
27 Mar 2012, 3:06 pm
Missourians who are injured as a result of another party's negligence are entitled to compensation for their losses, provided they can prove that negligence. [read post]
24 Sep 2008, 11:53 am
For the benefit of those who are watching this case, here's a link to that brief.Finally, we reported a couple of weeks ago that Bexis' firm had been retained to work on this appeal, so he was not participating in drafting blog posts about the case.Herrmann has now been retained to file an amicus curiae brief in this appeal, so he, too, has developed a conflict. [read post]
28 Jan 2009, 11:06 pm
Conway, who presides over the Seroquel multidistrict litigation, orally granted summary judgment dismissing both of the two Florida bellwether plaintiffs (Guinn and Haller) whose cases were scheduled to go to trial on Monday February 2, 2009.Bexis has been up to his eyeballs in defending the Seroquel litigation, and the relevant documents were filed under seal, so that limits what we can say at this point. [read post]
19 Nov 2010, 11:49 am by Bexis
  SG br. at 29.We don't beat SCOTUSBlog often in their sweet spot, but this time Bexis got a tip due to his (tangential) involvement in the case. [read post]
28 Feb 2008, 6:05 am
Beck, Jim Beck, Bexis, Mark Herrmann, Marc Herrmann, Mark Herman, Mark Herrman, Mark Hermann. [read post]
26 Aug 2011, 9:42 am by Bexis
  Bexis also wrote an amicus brief in the case. [read post]
24 Aug 2009, 10:00 pm
(On that score, Bexis says Herrmann is a heathen and a libertarian; Herrmann says Bexis uses words that are too big.) [read post]
10 Dec 2015, 5:00 am
  Full disclosure – Bexis and his firm are filing an amicus brief for the Product Liability Advisory Council (“PLAC”)  in the Phipps matter.The second pending cert. petition of note is in Microsoft Corp. v. [read post]
15 Jul 2013, 8:49 am by Steve McConnell
  Even if we could, that puritan, anti-electioneering Bexis wouldn’t let us. [read post]