Tuesday, July 20, 2010

Merck's Two Memos Of Law -- To Set Aside Jury Verdict -- Boles II

Late this evening, Merck's Fosamax® Boles II motions were tossed across the electronic transome. Rather than spend a lot of column space quoting from these two, I'll simply link PDF versions of each of them. Each one weighs in at around 35 pages. They cover the predicted territory, pretty comprehensively: a motion to set aside the jury's verdict, a motion for judgment in spite of the jury verdict, and a request for a new trial.

Merck Memo One

Merck Memo Two

In short, nothing in either of the above memoranda of law really wowed me -- so I'll keep my bet on a slight reduction -- to say, $5 million, or thereabouts -- rather than a complete toss of the jury's work. We'll see.

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