Merck Will Oppose Small Claims (Under $25,000 Each) Process -- In Federal Fosamax® ONJ NYSD Settlement.

Sad -- but it seems that Merck will fight over even the smallest ONJ claims payouts. Unfortunate. It will slow down the payouts to these tiniest claimants. Backgrounder here.

Here is a bit of the plaintiffs' lead counsel's letter -- explaining the briefing schedule to Judge Keenan:

. . . .I am writing for permission to file the PSC's Motion to Establish Small Estate Procedure for those settlements at or under $25,000.00. I have conferred with Steve Marshall, counsel for Merck, who has advised Merck will oppose the motion.

I have also conferred with Mr. Marshall about a proposed briefing schedule, and we propose the following: April 4, 2014: PSC Motion to Establish Small Estate Procedure Due April 18, 2014: Merck Opposition Brief Due In order to expedite the ruling on this motion, the PSC will waive reply briefing and oral argument. If this is acceptable to the Court, I would appreciate the entry of the Court's memo endorsement of this letter.

ENDORSEMENT: The application is granted. ( Motions due by 4/4/2014. Responses due by 4/18/2014) (Signed by Judge John F. Keenan on 4/4/2014). . . .

We will keep you posted -- and I will bite my tongue about the small-minded pettiness, and mean spirits I see here -- as the Easter weekend approaches.