Merck Loses Bid To Block Outside Attys In Ky. Vioxx Case

Law360, New York (May 28, 2013, 7:55 PM EDT) -- A Kentucky federal judge on Friday ended Merck Sharp & Dohme Corp.’s bid to block the state's attorney general from using outside counsel to prosecute state court litigation over allegedly deceptive marketing of its anti-inflammatory drug Vioxx, ruling Merck’s rights had not been violated by the decision.

According to U.S. District Judge Danny C. Reeves, Kentucky Attorney General Jack Conway had demonstrated enough controlling authority over the work of outside counsel Garmer & Prather PLLC to show his office hadn’t violated Merck’s constitutional due process rights by...
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