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Expert Analysis - Opinion

Gov't Brief In Fosamax Makes Strong Case For Reversal

By Stephen McConnell (October 10, 2018, 2:32 PM EDT) -- We would be hard-pressed to think of a recent judicial decision we have blasted as hard or often as the Third Circuit's Fosamax opinion. We deemed it the worst case of 2017. It was bad enough that our hometown federal appellate court held that it was up to a jury whether the U.S. Food and Drug Administration would have rejected a stronger drug warning. It was worse that the court held that a defendant had to prove by clear and convincing evidence that the FDA would have rejected the warning....

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