Apparently, the Secrest Fosamax® ONJ bellwether jury has deliberated for about a day and a quarter, now -- but hasn't yet returned a verdict. [My personal opinion is that, in a case like this one, the longer the jury is out, the higher the odds that Merck gets hit with damages.]
Probably due to the religious holidays (which began this evening), Judge Keenan has sent the jury home, not to resume deliberations until next Monday morning, the 3rd of October. From this evening's minute order, in the federal District Court for the Southern District of New York, sitting in Manhattan:
. . . .Jury deliberations continue[d]. . . to 10/3/11. . . .
Do stay tuned.
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More line-up changes, for the now seven bellwether trials, per an earlier opinion (largely on procedural niceties) of Judge Keenan, in Hester:
". . . .Raber v. Merck & Co., Inc., 06 Civ. 6295 (JFK), shall replace Hester as the fifth bellwether case in the Fosamax MDL. The Raber trial is hereby scheduled to commence on November 7, 2011, at 10:00 a.m.. . . ."
We will keep you posted, come November 2011, on Raber.
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