3rd Circ. Doubts Jurisdiction In Generic-Fosamax Appeal

Law360, Philadelphia (December 18, 2013, 2:16 PM EST) -- The Third Circuit on Wednesday questioned whether it had jurisdiction to hear an appeal in a case that seeks to hold generic-drug manufacturers responsible for injuries allegedly caused by their versions of the bone drug Fosamax.

The 2011 ruling under appeal led to dismissal of the claims against most of the generic-Fosamax defendants, but it did not affect claims against Merck & Co., the original manufacturer of the drug.  

At the start of oral arguments, Judge Kent Jordan immediately interrupted the plaintiffs' attorney and inquired how there could be a final appealable order to review if Merck was still in...

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