"Boles II/III" Fosamax® ONJ Damages Trial: Judge Keenan's Order Scheduling Arguments

The briefing schedule, and oral argument dates have been set, tonight -- in Boles II/III, on Merck's Motion for an Interlocutory Appeal. I think it unlikely that such an appeal will be granted, and we will see a "damages-only" jury trial, on Boles III Fosamax^® ONJ claims early on in February 2011, but we shall see.

Here is my October 2010 item on this maneuver by Merck's lawyers; here is today's order:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN RE: FOSAMAX PRODUCTS LIABILITY LITIGATION

MDL NO. 1789

This Document Relates to: 1:06-md-1789 (JFK)

Boles v. Merck & Co., Inc.

Case No: 06-CV-9455-JFK

SCHEDULING ORDER

Shirley Boles ("Plaintiff") and Merck Sharp & Dohme Corp. ("Defendant"), offer the following scheduling order with regard to briefing and argument on Merck's Motion to Certify for Interlocutory Appeal.

1. BRIEFING SCHEDULE

Plaintiff will serve her opposition to Defendant's motion by December 7, 2010. Merck will serve its reply by December 28,2010.

2. ORAL ARGUMENT

Oral argument will be held on this matter on January 19, 2011 at 2 p.m. . . .

/s/ Judge John F. Keenan,

United States District Court Judge,
for the Southern District of New York

November 11, 2010

Stay tuned.