Searching Content by James Beck ordered by Published Date Descending.
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The Dark Side Strikes Back (And Out)
You'll have to excuse us a bit today.
United States
18 Jun 2018
Potentially, The Mother Of All Off-Label Uses, As FDA Backs Down
Nothing else works very well at treating Alzheimer's disease.
United States
14 Jun 2018
Yo, Canada! Oy, Vermont!
The federal right-to-try ("RTT") adventure, which we chronicled here, and here, concluded not long ago with the final passage of S. 204, signed into law on May 30.
United States
11 Jun 2018
Guest Post – Don't Come To West Virginia Without Your Expert
This guest post is by Tom Hurney at Jackson Kelly, a genuine West Virginia lawyer who leaped at the opportunity to write about a recent favorable decision of his home state's highest court and...
United States
8 Jun 2018
Guest Post – Generically Speaking – "Sameness" Creates Sanctuary From State Law Liability
When writing a blog post, there is an inevitable (and often tedious) brainstorming process that one must go through before coming to a final conclusion about how to present the relevant information.
United States
5 Jun 2018
Hot And Not So Hot
Bexis decided to take a long Memorial Day weekend and to visit a part of the country he'd never seen before.
United States
5 Jun 2018
On Comment K And Medical Devices
First, we've endured MDL courts messing around with Utah law and ignoring the usual congruence in the treatment of prescription drugs and prescription medical devices under Restatement (Second) of Torts ง402A, comment k (1965).
United States
29 May 2018
Breaking News – Solicitor General Recommends Grant And Reversal In Fosamax Appeal
We immediately called for the further appeal and reversal of the hideous decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 852 F.3d 268 (3d Cir. 2017).
United States
24 May 2018
What Else Can't The Feds Commandeer?
We bloggers don't generally consider the Drug and Device Law sandbox to extend to illegal drugs.
United States
22 May 2018
Guest Post – The Wild West Of MDL: Off-Label Promotion, Negligent Testing, & Gross Negligence Claims Survive In Farxiga
As always our guest posters deserve 100% of the credit (and any blame) for what they write.
United States
21 May 2018
Impressions On Duke Conference On Documenting & Seeking Solutions To Mass-Tort MDL Problems
Bexis has lots of opinions on what's wrong with mass-tort (especially drug/device) MDLs. Heck, Bexis has even proposed amendments to the MDL statutes to correct the many severe problems that exist.
United States
14 May 2018
Breaking News – West Virginia Rejects Innovator Liability
While the entire blogging team (RS, at least) was traveling home by planes, trains and automobiles from the DRI's annual Drug and Medical Device conference, the West Virginia Supreme Court of Appeals
United States
14 May 2018
Some Ideas About Innovator Liability
Once again we find ourselves in the position of creating new defenses to a novel, plaintiff-side cause of action. This time, we've been doing a lot of thinking about innovator liability ...
United States
14 May 2018
Pinnacle Hip – Fifth Circuit Legal Rulings
Sure, it was enjoyable to read In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Product Liability Litigation, ___ F.3d ___, 2018 WL 1954759 (5th Cir. April 25, 2018) ("Pinnacle Hip"), to see plaintiffs' ...
United States
9 May 2018
Breaking News – Supreme Court Accepts Cy Pres Appeal
Last September, we criticized a 2-1 decision out of the Ninth Circuit, In re Google Referrer Header Privacy Litigation, 869 F.3d 737 (9th Cir. 2017), calling it a "poster child" for cy pres abuse in class actions.
United States
2 May 2018
Ensuring That The Presumption Against Express Preemption Stays Dead
Not quite two years ago, the United States Supreme Court did something that we liked a lot – it abolished the so-called "presumption against preemption" in express preemption cases.
United States
1 May 2018
Not Crying "Wolf" – Right-To Try Immunity Provisions Are Important
Since none of these RTT bills has ever purported to force manufacturer participation, immunity is not surprisingly central to have any chance of obtaining their voluntary consent.
United States
27 Apr 2018
Guest Post – FDA Issues Two Guidances On Next Generation Sequencing
This blog, or at least Bexis and this guest blogger, try to be on the forefront of products liability implications of new technologies.
United States
25 Apr 2018
At Least Listen To Us Now – Waiver & Personal Jurisdiction
Personal jurisdiction defenses, however, are waivable.
United States
25 Apr 2018
Dealing With The ROT In Mass TORts
Anyone interested in what's wrong with mass torts in today's litigation landscape should read the recent article in the New York Times, "How Profiteers Lure Women Into Often-Unneeded Surgery," ...
United States
23 Apr 2018
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