Merck Loses Challenge To Private Vioxx Prosecution

Law360, New York (March 23, 2012, 4:37 PM EDT) -- A federal judge denied Merck & Co. Inc.'s bid Wednesday to stop the Kentucky attorney general from hiring an outside firm to help prosecute a state claim in multidistrict litigation over Vioxx, finding Merck's due process rights would not be violated unless the firm took control of the case.

Although U.S. District Judge Danny C. Reeves noted that the constitutionality of contingency fee arrangements in cases straddling the criminal-civil line remains unsettled, he found that Merck had failed to prove that a preliminary injunction was necessary,...
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Case Information

Case Title

Merck Sharp & Dohme Corp. v. Conway

Case Number



Kentucky Eastern

Nature of Suit

Civil Rights: Other


Danny C. Reeves

Date Filed

August 16, 2011

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