Saturday, October 9, 2010

An Order, "Tamping Down" Future Fosamax® Theatrics, In Remaining Three "Bellwether" Trials

Yesterday, Judge Keenan entered a new case management order, applicable to all the remaining so-called "bellwether" Fosamax® ONJ trials. [The next of those begins in about three weeks, now: Graves v. Merck.]

The judge's latest order is plainly in reaction to some of the hyperbole -- from both Merck's lawyers, and plaintiff's counsel -- in Boles II (see image, lower right -- click to enlarge).

The latter part of the order (which I have not reposted, in full below) admonishes counsel never to refer to any other Fosamax trial -- in this context, counsel should talk only about testimony in "another proceeding". This too is plainly a reaction to the highly-charged battle sequences seen in Boles II:

. . . .All demonstrative exhibits that counsel plan to use in their Opening Statements or Summations must be shown to the other side 48 hours before jury selection begins in the case of Openings, and 48 hours before the Pre-charge Conference in the case of Summations. Failure to comply with this part of the Order will result in a ruling prohibiting the use of the demonstrative exhibit in front of the jury. If there is an objection to the use of the demonstrative exhibit, it must be raised the day before the Opening or Summation. . . .

Do stay tuned, here, as we are certain to return to the Manhattan federal District Courthouse, come October 28, to cover the next freight-car, in the long train of the same -- the Graves Fosamax trial -- if we do not stop back by, before then.

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