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PURDUE PHARMA L.P. v. KENTUCKY

Docket No. 11-4087-mv.

704 F.3d 208 (2013)

PURDUE PHARMA L.P., Purdue Pharma, Inc., Purdue Pharma Frederick Company, Inc., Purdue Pharmaceuticals, L.P., and P.F. Laboratories, Inc., Defendants-Petitioners, v. Commonwealth of KENTUCKY and Pike County, Plaintiffs-Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2013.

Attorney(s) appearing for the Case

Timothy C. Hester , Covington & Burling LLP, Washington, D.C.; John M. Famularo and Daniel E. Danford , Stites & Harbison PLLC, Lexington, KY; Chilton Davis Varner , Stephen B. Devereaux , Eric M. Wachter , and Merritt E. McAlister , King & Spalding LLP, Atlanta, GA, for Defendants-Petitioners.

Sean Riley and Clay Barkley , Office of the Attorney General, Frankfort, KY, for the Commonwealth, for Plaintiffs-Respondents.

Gary C. Johnson and Rhonda J. Blackburn , Gary C. Johnson, P.S.C., Pikeville, KY, for Pike County, for Plaintiffs-Respondents.

Before: CHIN, Circuit Judge; and UNDERHILL, District Judge.

UNDERHILL, District Judge:

The Commonwealth of Kentucky ("Kentucky" or "the Commonwealth"), through its Attorney General, and Pike County, Kentucky ("the County") (collectively, "Plaintiffs") commenced this action in Kentucky state court against Purdue Pharma, L.P.; Purdue Pharma, Inc.; Purdue Frederick Company, Inc.; Purdue Pharmaceuticals, L.P.; and P.F. Laboratories, Inc. (collectively, "Purdue"), alleging that Purdue violated Kentucky law by misleading health...

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