Wednesday, January 26, 2011

Fosamax® ONJ Trial 4: Mrs. Secrest's Lawyers Will Just Cross-Examine Merck's Experts At Trial

Or, "While we wait for a ruling on Boles III. . ."

Yesterday, the very able federal trial Judge John F. Keenan, in Manhattan, has denied Mrs. Secrest (on a request for an emergency reconsideration motion) the right to re-depose the medical experts retained by Merck -- on specific causation -- in this particular Fosamax® ONJ case, thus:

. . . .The efficiency afforded by the MDL process depends on the ability to distinguish between general MDL-related factual and
legal determinations and case-specific determinations. Permitting either party the opportunity to re-depose general causation experts at the outset of every bellwether trial would greatly diminish the efficiency of the MDL process. . . .

Because it fails to meet the requirements of Local Rule 6.3, the Plaintiffs' motion for reconsideration of the January 14, 2011 Order is DENIED.


Dated: New York, New York
January 24, 2011. . . .

We'll cover this -- in more detail -- starting March 14, 2011, but this often makes for more "fireworks", in the courtroom -- during trial. Afterall, the surprise cross is often a very-effective truth-getting engine. All of that said -- Judge Keenan's ruling is the correct one, from the perspective of keeping the MDL process orderly.

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