In Re Fosamax Products Liability Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Under Indiana law, [ ] a plaintiff alleging a failure to warn claim has the benefit of a ‘heeding presumption,’ meaning that there is a presumption that an adequate warning would have been read and heeded.”
• “If an expert utterly fails to consider alternative causes or fails to offer an explanation for why the proffered alternative cause was not the sole cause, a district court is justified in excluding the expert’s testimony.” (emphasis added; brackets and citation omitted)

Source: CourtListener parenthetical corpus (CC0).