Well, this morning's order list -- just released, from the highest court in the land. . . may contain a piece of material good news for Kenilworth -- the Supremes just invited briefing and oral arguments, on the 2017 appeal, for the coming term. [A more comprehensive September 14, 2017 backgrounder here.]
It seems likely, given the court's more recent (right-ward leaning) rulings, that it intends to dispatch the "re-opened" alendronate sodium (branded as Fosamax) MDL claims -- this time, on a purely failure to warn/FDA label revision claim basis. They were "reopened" by this Third Circuit opinion. We shall see.
. . . .Cert granted: 17-290 -- MERCK SHARP & DOHME CORP. V. ALBRECHT, DORIS, ET AL. . . .
This was our report, from December of 2017 -- but since it was appended to a longer one on Muslim Ban 2.0, I'll reprint it here, for a full record:
Update 12.04.17 @ 5 PM CST: The Supremes (completely separately) have also asked the US Solicitor General’s Office to weigh in on Merck’s pending Fosamax® MDL cert. petition, thus: "17-290 MERCK SHARP & DOHME CORP. V. ALBRECHT, DORIS, ET AL. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration or decision of this petition. . . ." It seems the Supremes were convinced by that briefing. . . .
And it means Merck may be on the road to overturning the order reinstating these cases at the Court of Appeals. Busy day in chambers, it seems!
Onward.
नमस्ते
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