Friday, November 19, 2010

All The Evidence Is In: Graves Fosamax® ONJ Bellwether Trial -- Closing Arguments Monday

Merck just renewed its motion to dismiss this Fosamax® bellwether ONJ case. That means the only remaining matter is closing arguments -- and those could be underway now, in Manhattan.

It is likely that the closing arguments will bleed over to Monday -- and that means the jury will begin deliberating Monday afternoon, or Tuesday. From the most recent filing, then:

. . . .Defendant Merck Sharpe & Dohme Corp. (“Merck”) files this renewed memorandum at the close of all evidence in support of its Motion for Judgment as a Matter of Law. . . .

The Court [earlier] denied Merck’s motion for judgment under Rule 50(a) made at the close of its case. Merck renews the grounds made in that motion, which are set forth again below. Merck contends that while all of its grounds are valid, the Court should pay particular attention to the first ground before instructing the jury and giving this case to them for deliberation, which further describes why there is no valid basis upon which Plaintiff’s strict liability design defect claim may stand because of the utter absence of evidence that Plaintiff was an intended user of Fosamax. . . .

So, now the jury could have the case by Monday afternoon -- wow. I'd look for some associated volatility, in Merck's NYSE price, on these light volume days leading up to Thanksgiving. will there by a mid-seven figure verdict against Merck in this one, too? Time will tell -- but we may all know, up or down, before our turkeys are out of the oven.

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