Merck Can’t Stop State AG from Chasing Baby FTC Act Claims Using Outside Counsel

Merck cannot invoke the Fourteenth Amendment of the U.S. Constitution to win a preliminary injunction against Kentucky Attorney General Jack Conway from hiring outside counsel on a contingency fee basis to pursue Merck for violations of the Kentucky Consumer Protection Act, the U.S. District Court for the Eastern District of Kentucky concludes (Merck Sharp & Dohme Corp. v. Conway, E.D. Ky., No. 3:11-cv-51-DCR).

Judge Danny C. Reeves, noting that preliminary injunctions are not for claims “which are doubtful or do not come within well-established principles of law,” reasons that Merck failed to prove its entitlement to an injunction ...