Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Why did the judge declare a mistrial so quickly?

| No Comments

The jury was almost unanimous -- all save one were prepared to find for the defendant Merck, on the grounds that Vioxx was not the cause of the defendant's attack.

According to the Wall St. Journal, the one holdout juror didn't seem to care about the law at all:
"According to one juror, the holdout wasn't swayed by the majority's argument. "Basically the sticking point was the marketing" of Vioxx, this juror said. "There was just folding of the arms and rolling of the eyes and not listening," and saying that "the marketing was inappropriate and that kind of thing," the juror added.

In other words, to this juror, forget causation, poor marketing makes one liable for things one didn't cause.

Again, why did the trial judge declare a mistrial so quickly? Was he indirectly sanctioning the plaintiff's mistrial motion, alluded to by me in an earlier posting on this site? That motion, based on a spurious publication issue, could arguably not have been directly granted without severe risk of appellate review. Has the judge done indirectly what could not have been directly done?

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.