Fla.'s Recent Fight In The Zometa Evidentiary Battle

Law360, New York (October 2, 2013, 5:20 PM EDT) -- Certain issues and arguments in mass tort litigation come up time and again. By way of only one example, mass tort plaintiffs typically attempt to introduce at trial marketing materials that the prescribing physician never saw.

It is no secret that the plaintiff’s goal is typically to steer the focus away from the plaintiff and instead incite the jury with evidence regarding the defendant’s marketing practices or safety program even if that evidence could not have had any direct impact on the plaintiff. In contrast, the...
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