Thursday, December 10, 2009

Fosamax® "Bellweather Case" Trials: Updated Scheduling Orders


Judge Keenan will randomly select an individual Fosamax® case -- to add to his trial calendar -- on February 1, 2010, as a replacement "bellweather" case, since the Fleming case was dismissed. He has also scheduled a new trial date in the "Runaway Jury"/previous mistrial of the Boles Fosamax case for June 2, 2010.

. . . .The trial of Louise H. Maley v. Merck & Co., Inc., No. 1:06-cv-04110-JFK remains scheduled to commence on April 19, 2010.

The retrial of Shirley Boles v Merck & Co., Inc., No. 1:06-cv-09455-JFK will commence on June 2, 2010. Counsel for Merck and the Plaintiffs Steering Committee are directed to appear at a conference in Courtroom 20-C on February 1, 2010, at 11:00 a.m.

The case selected by the Court at random from the trial pool at the February 1 conference will replace the recently-dismissed Flemings action as an early trial.

Conference set for 2/1/2010 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.

Signed by Judge John F. Keenan on 12/7/09

Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:06-cv-04110-JFK, 1:06-cv-09455-JFK. . . .

As ever, I'll keep you posted. I think there is another bellweather Fosamax case scheduled for trial before the very-able Judge Keenan, in mid-January 2010.

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