Brodin et al v. Merck & Co., Inc.
| Roberta Brodin and Thomas Brodin |
| Merck & Co., Inc. |
| 1:2007cv03466 |
| May 1, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
76
MEMORANDUM OPINION & ORDER. Plaintiffs are Virginia residents who brought suit against Defendant Merck Sharp & Dohme Corporation (Merck) for alleged jaw injuries caused by Mercks prescription osteoporosis drug Fosamax. Merck moves for summary judgmen t pursuant to Rule 56 of the Federal Rules of Civil Procedure claiming that Plaintiffs claims are time-barred by Virginias two-year statute of limitations... The pendency of the Wolfe class action did not toll Virginias two-year statute of limitation s and thus all claims are time-barred. Merck's motion for summary judgment is granted. The four actions are dismissed. Relates to 06md1789, 07-3466, 08-0896, 08-9728, 07-11334. (Signed by Judge John F. Keenan on 3/15/10) Filed In Associated Cases: 1:06-md-01789-JFK-JCF, 1:07-cv-03466-JFK, 1:07-cv-11334-JFK, 1:08-cv-09728-JFK(rjm)
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