Monday, August 31, 2009

Only Closing Arguments Remain, in Merck's First Fosamax® Trial. . . .

At the opening of the fourth week of Merck's first-ever Fosamax® jury trial, both sides have rested their cases. Only closing arguments remain.

Merck's lawyers today renewed the motion for judgment as a matter of law -- but again, this renewal seems to suggest that Judge Keenan is unlikely to rule on the motion, either way, before the case is given over to the jury. All the plaintiff needs to do, to survive Merck's motion, is to put on enough evidence to suggest that there is a genuine issue of material fact to be decided, by the jury. A factual issue that might arguably matter to the outcome of the case.

My review of the pleadings, and the summary of the witnesses' testimony, would suggest the plaintiffs did just that, and more.

On last Friday, additional jury instructions were proposed by the plaintiff's lawyers. Some time tomorrow, Tuesday, or Wednesday, the jury could very well get the case, and begin deliberations in earnest.

I'll keep you posted.

No comments: