EXCLUSIVE BREAKING: 2 PM EDT Today — Hearing On Dismissal Of First Federal Fosmax® Femur Case: Glynn v. Merck

Judge Joel Pisano just entered an order, in the federal District courthouse, in Trenton, New Jersey, setting a 2 p.m. local time hearing, on whether Merck’s Rule 50(a) motion shall be granted.

As I reported over the weekend, Merck rested its defense case Friday afternoon, and if the able judge denies (or as he has, in the past, defers) Merck’s motion for judgment as a matter of law, closing arguments would begin tomorrow. The jury has likely been excused for the day, as of lunchtime.

Now we wait. My best guess is that Judge Pisano will grant only a part of Merck’s motion, and reserve the rest — so that the case will reach the jury late this week. But we shall see — I am not in the courtroom, so I cannot assess the credibility of the witnesses the judge has seen, over these last few weeks. Do stay tuned.

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