Merck Appeals Boles II To Stop Trial -- On Damages -- In Boles III Fosamax® ONJ Trial

On Tuesday, Merck's Fosamax^® ONJ lawyers filed a post-trial memo of law, arguing that Judge Keenan should not proceed to a trial on damages (Boles III) -- but should instead grant an interlocutory appeal (or a "midstream horse change," if you will), while a higher court decides whether there should be any more trials, in Mrs. Boles' case, at all.

These sorts of inter-process appeals are rarely granted. I am providing Merck's memorandum of law, so that you may come to your own conclusions (an 11 page PDF file), but if the goal of these six "bellwether" trials is to assess the damages and begin to evaluate a global settlement posture -- it might be better to know (sooner rather than later) what the Boles III damages might be (including a remote possibility of no damages -- in which case there would be no need for the appeal, at all).

I'll keep you informed.