Merck & Co. Inc. had just wiped out 650 products liability lawsuits in federal court over its osteoporosis drug Fosamax when the first trial in California state court began.
But unlike the arguments in the federal litigation, federal pre-emption wasn’t an option for Tarek Ismail and Kenneth Baum, partners at Chicago-based Goldman Ismail Tomaselli Brennan & Baum. So they turned to the science, scoring a defense verdict from a jury in Orange County, California, in April 2015.
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