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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!