Legal Opinion
Boles v. Merck & Co.
District Court, S.D. New York
Decided August 5, 2009No. 1:06-MD-1789-JFKPublishedCited by 1 opinion
1Opinion of the Court
OPINION & ORDER
JOHN F. KEENAN, District Judge 1.
Before the Court is Defendant Merck & Co., Inc.’s (“Merck”) motion for summary judgment against Plaintiff Shirley Boles (“Boles”). This case is the first of three bellwether trials in a multi-district products liability litigation concerning the osteoporosis drug Fosamax. For the reasons set forth below, the motion is granted in part and denied in part.
I. BACKGROUND
The following facts are taken from the parties’ Local Rule 56.1 Statements, the affidavits submitted in connection with the instant motion, and the exhibits attached thereto. Unless…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
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3Cited by1 opinion
- In Re Fosamax Products Liability LitigationDistrict Court, S.D. New York · 2009