Judge Keenan Declines Pilot Project Inclusion, For Fosamax® MDL


As I mentioned at the end of my litigation update post, this morning, Judge Keenan had been asked last week to consider whether to include the Fosamax® MDL in a pilot project, for complex case management, in the federal courts. This afternoon, he signed an order declining to participate, thus:

. . . .Pursuant to Standing Order M10-468 [ECF No. 1089], the Court determines that this multidistrict litigation (the “Fosamax MDL”) should not be included in the pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York, because following the practices already established in the Fosamax MDL will lead to its most efficient resolution. Unless amended or superseded, all case management orders entered in the Fosamax MDL prior to November 4, 2011, remain in effect. (Signed by Judge John F. Keenan on 11/14/2011) Filed In Associated Cases: 1:06-md-01789-JFK-JCF et al. . . .

So — on to the Boles III damages jury trial — in March 2012. Will MRs. Boles win more — or less — than the amount at which Judge Keenan set her award? Or will the whole MDL settle before then? Do stay tuned.

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