3rd Circuit Fosamax Decision Affecting Other Cases: Attorney

Attorney Eric Alexander (Reed Smith) says that until the Supreme Court decides the Fosamax decision from a New Jersey federal court that were overturned by the 3rd Circuit Court of Appeals, other jurisdictions will continue to look at the same types of questions. In an online blog post, Alexander says the appeals court held that summary judgment could not be granted for defendants under a Levine analysis because juries have to decide whether there is “clear evidence” that FDA would not have approved a label warning sought by plaintiffs.

Alexander cites an Illinois federal court case involving Merck that asked on appeal if the question of whether a defendant company has presented the necessary clear evidence is to be resolved by the court or by a jury. 

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