Wednesday, November 12, 2008

When the Plaintiffs Can Quote a Chinese Philosopher, Schering MUST be Losing. . . .

Let me say it at the outset -- the plaintiffs' lawyers in Polk v. Schering-Plough, et al. (the "Sales and Marketing Practices" litigation, MDL 1938, originally 08-CV-285) "give great letter"(!). Quick, often witty, always pithy -- and ever on-point, without being pedantic. Sweet.

Tonight, by way of a final letter (in an outright blizzard of them, both trivial and sublime parries and thrusts), and to gently nudge Judge Cavanaugh to "start somewhere" -- to begin, in earnest, deciding the myriad set of motions that will befall him, as this putative class action (related to securities fraud, ENHANCE, and the marketing of Vytorin and Zetia, but also including several RICO counts) gets into high gear -- the Chinese philosopher Lao-tzu is quoted, by the plaintiffs' lawyers. Thus, I can reliably opine that this means the Defendants -- Schering, its officers and directors, must already be losing. Do take a look (click to enlarge):

It seems the plaintiffs are comfortable beginning the debates anywhere -- and any time. And that is very difficult news for Schering-Plough. Judge Cavanaugh is as likely to begin in "the middle", and force Schering to fight its way out, as he is, to begin with some arcane pleading practice/rules decisions.

. . . .A journey of a thousand-miles begins with a single step. . . .

Perfect -- sublime and engaging. Dechert LLP ought to be deeply-concerned, here.


Anonymous said...

"If a man sets his heart on benevolence, he will be free from evil." --- Confucious

Condor said...


Thanks for that.