Fosamax® ONJ Plaintiffs' Counsel Fined $2,500 -- For Boles II Summation Conduct

Judge Keenan just issued his opinions in all the Boles II Fosamax^® ONJ post-trial matters pending -- in the federal District Court located in Manhattan.

He has let the plaintiff's counsel off with an on-the-record scolding in a published opinion -- and $2,500 fine -- I think in counter-balance to the fact that he has reduced Mrs. Boles' verdict amount almost five-fold (more on that -- in a moment). Here is the end of Judge Keenan's memorandum opinion and order (the full 18 page, 266 Kb PDF file is available, too):

. . . .[Next is] the punitive damages issue. On August 2, 2009, I issued a 42-page decision on Merck’s Motion for Summary Judgment in the Boles case. In pages 38-42 of the opinion, I unequivocally ruled punitive damages out of the case. Any lawyer connected with the case, and certainly [the plaintiff's counsel], as co-lead counsel in Boles II, was on notice as to this. In spite of this ruling, he insidiously sought to inject it into the trial. . . .

[Plaintiff's Counsel] is sanctioned and directed to pay the sum of $2,500 to the Clerk of the United States District Court for the Southern District of New York for his non-compliance with my ruling on the punitive damages issue. . . . This relatively light sanction takes into account the fourteen letters submitted by lawyers on his behalf, several of whom were Mr. Douglas’ adversaries in prior litigation. It is sufficient, but no greater than necessary, to reflect the seriousness of his conduct and it will promote his respect for the legal process. . . .

The $2,500 is to be delivered to the Clerk's Office by the close of business October 18, 2010. There will be no referral to the Grievance Committee. . . . [T]he Sword of Damocles has been over Mr. Douglas' head long enough. . . .

One of the "wilder" Merck exhibits -- used by defense counsel -- is highlighted here, at lower right -- just to keep it balanced. This is certainly a wise and measured ruling, in view of the reduction of the Boles II verdict, to be plumbed, and discussed, in my next post.