United States Second Circuit
Secrest v. Merck, Sharp & Dohme Corp., 11-4358
Summary judgment was properly granted to defendant on plaintiff's product liability claim alleging defendant's failure to provide an adequate warning regarding the risks associated with Fosamax, a prescription drug, where, based on the "sham issue of fact" doctrine, the district court did not err in determining that there was no genuine dispute of material fact raised by the later expert testimony from plaintiff's physician that contained contradictions that were unequivocal and inescapable, unexplained, and arose after the motion for summary judgment was filed.
Appellate Information
- Decided 01/30/2013
- Published 01/30/2013
Judges
- PER CURIAM
Court
- United States Second Circuit