More news is emerging from the already-acrimonious punitive damages phase of McDarby. As Ted Frank noted yesterday, the jury adjourned without reaching a verdict. Today, Lisa Brennan of the New Jersey Law Journal reports that Merck lead lawyer Chirsty Jones has filed another mistrial motion, one alleging that Thomas Cona's lawyer, Mark Lanier, made inappropriate references to Raymond Gilmartin's salary, among other things. Judge Carol Higbee denied the motion.
But despite appearances, McDarby may have a silver lining for Merck. As Newark lawyer John Brenner points out in the article, Merck did win a long-term usage case: the jury awarded no damages to Cona.