Breaking With Magistrate, Judge Dismisses Expert Pharma Witness
Acknowledging the rarity of such a step, U.S. District Chief Judge Colleen McMahon of the Southern District of New York said she was compelled to break with a U.S. magistrate judge's recommendation to allow an expert to testify in a suit over Alzheimer's drugs.
August 23, 2017 at 06:00 PM
12 minute read
Acknowledging the rarity of such a step, U.S. District Chief Judge Colleen McMahon of the Southern District of New York said she was compelled to break with a U.S. magistrate judge's recommendation to allow an expert to testify in a suit over Alzheimer's drugs.
“This is the rare case where I conclude that Magistrate Judge [James] Francis committed clear error by recommending that the Jaskot motion be denied,” McMahon wrote in a Monday order.
McMahon referred to a motion by the defendants, Actavis and its wholly owned subsidiary Forest Laboratories, which have faced numerous suits over allegations it illegally engaged in an anti-competitive scheme to block generic competition to its Namenda Alzheimer's drug.
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