“Outrageous conduct”

August 3, 2011

  • 170A Federal Civil Procedure
  • 170AXVI New Trial
  • 170AXVI(B) Grounds
  • 170Ak2332 k. Misconduct of Parties, Counsel or Witnesses.

170A Federal Civil ProcedureOutrageous conduct by plaintiff’s attorney at trial, including mocking the demeanor of witnesses, displaying an illustration of a ship sailing off the edge of the world and comparing defendant to Flat Earth Society, and composing and singing a “theme song” to describe defendant’s expert witness, did not prejudice osteoporosis drug manufacturer, as would warrant new trial in strict liability and negligence action brought against drug manufacturer by patient who developed osteonecrosis of the jaw (ONJ) after taking drug manufacturer’s osteoporosis drug; attorney’s outrageous conduct did not touch on key evidence in the case, and when taken as a whole, was often unintelligible rambling that could have easily inured to the detriment of his client, rather than helped his client’s case.
In re Fosamax Products Liab. Litig., 742 F. Supp. 2d 460 (S.D.N.Y. 2010)

Suggested by Steve Kranz, West Attorney Editor