On January 31, 2007, U.S. District Judge John F. Keenan of the Southern District of New York entered Case Management Order number 9, which set out the early trial selection process for all Fosamax lawsuits pending in federal court. Starting in May of this year, the parties will pick twenty-five cases, that were filed in the MDL before October 17, 2006, to begin the discovery process, including expert discovery. Three of these cases will then be selected for trial, one by Plaintiffs’ counsel, one by defense counsel, and the third to be picked by the Court.

Two of our lawyers, Jerry Taylor and Chad Cook, hold positions on the Plaintiffs’ Steering Committee and the Discovery Committee, respectively. They are assisting in the process of setting up document depository sites in Houston, Texas and in Washington, D.C. for the review of documents produced by the defendants. We will continue to keep you up to date on the latest developments in the Fosamax litigation.

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