Tuesday, September 20, 2011

Mrs. Secrest's Fosamax® ONJ Lawyers Have Rested Her Case-In-Chief

Merck's lawyers have filed a Rule 50(a) motion, which means that Mrs. Secrest's lawyers have finished putting on the main portion of her Fosamax® ONJ case, in Judge Keenan's federal District courtroom, in Manhattan, earlier today:

. . . .A motion for judgment as a matter of law under Rule 50(a) should be granted only if "a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue. . . ."

We will keep you informed, here -- as to whether Judge Keenan allows the trial to continue, and requires Merck to put on a defense (as I expect he will) -- or whether the trial is effectively over, by tomorrow morning.

1 comment:

Condor said...

Merck began putting in its defense case today -- so the trial continues. It is likely that Judge Keenan took the motion mentioned above "under advisement", and deferred ruling on it until later.

This makes it considerably more likely that the case will ultimately be given to the jury for a decision.