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9 May 2008, 3:01 pm
Bexis contributed a paper called "First Amendment Implications of Restrictions Upon Truthful Promotion of Off-Label Use," in which he argues, shockingly enough, that the First Amendment permits manufacturers to say true things about the off-label uses of their products.Herrmann (and co-author Pearson Bownas) contributed a paper called "Keeping The Label Out of the Case," which argues that a package insert may be admissible in a medical malpractice case where a particular… [read post]
17 Dec 2010, 11:05 am
It's an unpublished opinion, which is both unfortunate (it's not binding precedent) and fortunate (meaning that plaintiff didn't come anywhere close to proving a case).The grounds for affirmance in Scelta: (1) no expert testimony that the Mirapex label was inadequate; (2) no causation because the prescribing doctor knew full well about the purported risk, having conducted two studies on that precise subject (we note the citation of one of Bexis's Bone Screw… [read post]
2 Mar 2008, 9:58 am
Bexis is getting much stronger at the countries of the former Soviet Union. [read post]
2 Nov 2010, 12:19 pm
Bexis observes that of all the law blogs started up by practicing lawyers at about the same time as Drug & Device Law, only little ol’ CalBizLit (Est. [read post]
19 Mar 2008, 6:04 am
Herrmann brought the crystal ball; Bexis brought the beer and chips.) [read post]
15 Sep 2008, 8:00 am
PTC has hired Bexis' firm to handle the appeal in this case, so Bexis now has a conflict of interest. [read post]
25 May 2012, 8:45 am
despite Bexis letter brief in Conte laying out the parade of horribles. [read post]
8 Nov 2012, 8:37 am
Bexis came up with the idea. [read post]
13 Jul 2012, 10:13 am
Bexis knows. [read post]
16 Feb 2012, 12:50 pm
It’s been a number of years, but once Judge New granted judgment n.o.v. in one of Bexis’ cases. [read post]
14 Jun 2009, 10:49 pm
Jan. 26, 2006).Years ago - before blogging - Bexis represented a non-manufacturing defendant in Baycol litigation. [read post]
11 Oct 2010, 5:41 am
[The prescriber's] lack of memory, of course, does not preclude the possibility that she had read these materials, but neither can it sustain [plaintiff's] burden.Slip op. at 8.Fortunately, there's no heeding presumption in prescription drug cases in Texas, courtesy of a Herrmann/Bexis collaboration by the name of Ackermann v. [read post]
16 Apr 2014, 4:36 pm
Suffice it to say that part of the process involves Bexis and a cauldron. [read post]
30 Dec 2014, 8:34 am
As for 2014, Bexis is posting his annual Best Of and Worst Of lists. [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]
2 Oct 2014, 9:18 am
Only a short post today, because Bexis is so blasted busy right now. [read post]
30 Jan 2013, 1:47 pm
Bexis is updating chapter 4 of his book, which includes a thorough discussion of negligence per se. [read post]
19 Dec 2012, 12:52 pm
Back when Bexis was still at Dechert, we put up a cautionary post called “CAFA Not With Standing. [read post]
22 Jul 2013, 1:51 pm
This one should be enough, as Bexis really gets going. [read post]
12 Jul 2013, 4:30 am
(Bexis points out that Canada is also responsible for the rock groups Rush and BTO. [read post]