Friday, January 24, 2014

New York Federal Court Orders Confirm What I Guessed At Last Week: On Fosamax® MDL

Last Thursday, I speculated that -- based on a largely favorable meeting of the plaintiffs' lawyers committee, down in Atlanta -- the ONJ actions would be settled -- and there would thus be no remand.

Overnight, the eminently capable Judge John F. Keenan, sitting in Manhattan, entered an order confirming what I had guessed. Good progress is being made, indeed, on ONJ cases.

However, the reason I write this morning -- is to note the use of a plural form noun, in the order. Seems odd that I'd highlight/pick at the grammar here, right? But Judge Keenan is extremely careful and able -- and when he writes that the "actions" (plural) "in this litigation" are making good progress toward settlement, it made me think. And yes, a goofy animated little lightbulb popped on, over my Irish noggin.

Is it possible that there are discussions -- well-developed, and advanced discussions -- to settle all the Fosamax® claims? Technically, the MDL covers far more than just ONJ claims. So "actions" may well have a broader meaning than just ONJ actions. We shall see.

. . . .The parties have advised the Court that they are continuing to make progress toward settling the actions in this litigation. Accordingly, the Court's Remand order of August 29, 2013 is hereby stayed to allow that progress to continue. The parties are directed to update the Court on a monthly basis regarding the status of the settlement process.

So Ordered.

(Signed by Judge John F. Keenan on 1/21/2014). . . .

In any event, there will be no spate of district by district federal trials, around the nation, now -- at least not as to the osteonecrosis of the jaw Fosamax claims. We will keep you informed.

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