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Fosamax Mistrial Declared

The jury was finally let go today after deliberating since September 3. The reports from the court have been that the jury was convinced almost from day one that they would not be able to reach agreement–the judge tried his best, and gave them every opportunity to talk it out. However, today, Judge Keenan declared a mistrial.
The defense believes they had 7 of the 8 jurors on their side. The one thing I have learned from watching juries is that you rarely know who’s with you and who’s against you. However, the jury notes may give some credibility to that argument (and, Plaintiff’s counsel did request the mistrial the other day, perhaps sensing a losing battle). It looks like Ms. Boles will have to wait until spring, so by then two other Fosamax trials may get to go, first. We’ll see what happens in round 2…

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