We got our second anti-Covid jab this week, so we’ll celebrate by discussing a COVID/PREP Act case. The PREP Act (PREP stands for “Public Readiness and Emergency Preparedness”) declaration of immunity is limited to “covered countermeasures” obtained either through agreement with the federal government or otherwise in response to the COVID-19 pandemic. The purpose of

Sometimes we get an opinion back from a court, and the reasoning leaves us scratching our heads and wondering, “Where did that come from?”  In the opinion, the court has decided the case on something that neither party ever argued.  We blogged about a case like that once, here.  In that case at least,

Last year the HHS Office of Inspector General issues a “Special Fraud Alert” (“Alert”) concerning “Speaker Programs” – more usually known as continuing medical education (“CME”).  Since we believe that truthful commercial speech is First Amendment protected, seeing “fraud” bandied about like this caused us to take a look.  We’re well aware that for years

Bexis just turned 65 (on 1/25/2021) – the classic retirement age.  That’s an occasion to look back and evaluate what’s gone on over the course of an entire legal career.  So how have we done, as defense lawyers, over the course of our entire careers, at our primary job – which is to prevail for

A couple of times in recent weeks we have discussed pelvic mesh cases where a central issue was whether the cases were time-barred by a statute of limitations or repose. (See here and here.) There is a reason why this issue crops up persistently. The pelvic mesh litigation started off as a mass tort

Last Saturday was World Mental Health Day. We hope you celebrated by getting outdoors in the very pleasant weather typical of early October throughout this beautiful country. We hope you also spent a few moments taking stock of your own mental wellbeing. Lawyers do not conduct such a self-assessment nearly enough. We are focused on

Our ongoing tour of Famous Novels We Missed Along the Way has introduced us to some splendid prose. Thackeray and Trollope insert subtle judgments just beneath the surface of their narratives. They can teach us much about how to deliver an opening statement that is a powerful argument precisely because it does not sound like