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IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION

Docket No. 11-4358-cv.

707 F.3d 189 (2013)

In re FOSAMAX PRODUCTS LIABILITY LITIGATION. Linda Secrest, Plaintiff-Appellant, v. Merck, Sharp & Dohme Corp., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 30, 2013.

Attorney(s) appearing for the Case

Timothy M. O'Brien , Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola, FL, for Plaintiff-Appellant.

Andrew Goldman , Goldman Ismail Tomaselli Brennan & Baum LLP ( Theodore V.H. Mayer , William Joseph Beausoleil , Hughes Hubbard & Reed LLP, New York, NY; Paul F. Strain , Venable LLP, Baltimore, MD, on the brief), for Defendant-Appellee.

Before: KATZMANN, LOHIER, Circuit Judges, and RAKOFF, District Judge.

PER CURIAM:

Linda Secrest appeals from a judgment of the United States District Court for the Southern District of New York (Keenan, J.) granting summary judgment in favor of Merck, Sharpe & Dohme Corp. ("Merck") and dismissing her products liability claim for failure to provide an adequate warning regarding the risks associated with Fosamax, a prescription drug. In this appeal we consider whether the District...

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