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Statistical analysis of federal litigation provides a unique insight into particular judges involved in a case, including information on the probable timing/outcomes of cases, and what significant motions are generally granted or denied before a federal judge. Answers are based on verifiable facts, rather than anecdotal assumptions, and provide interested parties with more accurate data.
This type of analysis is particularly interesting for the recent federal Vioxx litigation. Vioxx, a Cox-2 inhibitor used for the treatment of pain, was withdrawn from the market by its manufacturer, Merck & Co., Inc., in September 2004 because of an apparent increased risk of heart attack and stroke. In February 2005, the federal Judicial Panel on Multidistrict Litigation transferred all pending federal Vioxx product liability cases to Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana ' transfers conventionally referred to as Multidistrict Litigation (“MDL”) transfers.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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