Legal Opinion

Boles v. Merck & Co.

District Court, S.D. New York

Decided October 4, 2010No. Case No. 1:06-cv-09455-JFK; No. 06-MD-1789-JFKPublishedCited by 1 opinion

1Opinion of the Court

OPINION & ORDER

JOHN F. KEENAN, District Judge:

This case was selected by the Plaintiffs’ Steering Commit tee as a bellwether case in this multidistrict products liability litigation concerning Defendant Merck Sharpe & Dohme Corp.’s (“Merck” or “Defendant”) prescription drug Fosamax. The case went to trial in August 2009 and ended in a mistrial after the jury could not reach a unanimous verdict. The contentious re-trial in June 2010 culminated with an $8 million verdict for Plaintiff Shirley Boles (“Plaintiff’ or “Boles”). Before the Court are Merck’s motions for judgment as a matter of law and…

2Cases cited58 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  3. Wyeth v. LevineSupreme Court of the United States · 2009
  4. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  5. Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008

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3Cited by1 opinion

  1. In Re Fosamax Products Liability LitigationDistrict Court, S.D. New York · 2010

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