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IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION

Master File No. 06 MD 1789 (JFK).

IN RE: FOSAMAX PRODUCTS LIABILITY LITIGATION. This document relates to: Scheinberg v. Merck & Co., Inc., No. 08 Civ. 4119 (JFK).

United States District Court, S.D. New York.

July 1, 2013.

Attorney(s) appearing for the Case

Rhoda E. Scheinberg, Plaintiff, represented by Meghan E. McCormick , Levin, Papantonio,Thomas, Mitchell, Eschsner & Proctor, P.A., Timothy Michael O'Brien , Levin, Papantonio,Thomas, Mitchell, Eschsner & Proctor, P.A. & Brandon Lee Bogle , Levin, Papantonio,Thomas, Mitchell, Eschsner & Proctor, P.A..

Merck & Co., Inc., Defendant, represented by Andrew Thomas Bayman , King & Spalding LLP, Chilton Davis Varner , King & Spalding, LLP (GA), David J. Heubeck , Venable LLP, Geoffrey Drake , King & Spalding LLP, Halli Cohn , King & Spalding, LLP, Paul F. Strain , Venable LLP, Robert B. Friedman , King & Spalding & William Joseph Beausoleil, JR., , Hughes Hubbard & Reed LLP.

ORDER

JOHN F. KEENAN, District Judge.

Before the Court is Defendant's motion for judgment as a matter of law under Rule 50(b) on Plaintiff's failure to warn claim. For the reasons that follow, the motion is denied.

I. Background

This was the fifth case selected for trial as a bellwether in the In re Fosamax Products Liability Litigation multidistrict litigation ("MDL"). This MDL involves claims that Fosamax, a drug...

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