Merck Secures Ruling Allowing Suit to Proceed Against Kentucky AG

Skadden secured a ruling on behalf of Merck, Sharp & Dohme Corp. in its suit claiming the Kentucky attorney general’s use of contingency fee attorneys in an underlying civil penalties action violates the company’s due process rights. On March 26, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky denied the attorney general's motion to dismiss Merck's lawsuit, holding that the company had stated a valid cause of action and therefore is entitled to litigation controlled by a prosecutor without a financial interest in the outcome.