Tuesday, August 24, 2010

Next Bellwether Fosamax® ONJ Trial Date: Graves, On November 1, 2010

Pre-trial summary judgment motions, and motions to exclude certain forms of evidence -- will soon be filed; so, while the $8 million verdict in the last case (Boles II) moves toward the appellate courts, Judith Graves v. Merck, et al., gets underway.

This is the fourth Fosamax® ONJ case (if one counts each of the two Boles trials separately). It will, like all the others, be heard by the very-able Judge John F. Keenan, in the federal district courts in Manhattan (technically called the Southern District of New York), and will march inexorably toward trial during September, thus:

. . . .The deadline for case-specific Daubert and summary judgment motions is September 10, 2010, with oppositions due by September 24, 2010, and replies due by October 1, 2010. Memoranda of law in support of or in opposition to the motions will be subject to a page limit of twenty-five (25) pages and replies will be subject to a page limit of ten (10) pages. Oral argument on the motions will be held on October 12, 2010, at 3:30 p.m.. . .

We'll keep you posted -- there are well-over 1,000 such cases pending around the nation.

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