MERCK SHARP & DOHME CORP. v. CONWAY

Civil Action No. 3:11-51-DCR.

909 F.Supp.2d 781 (2012)

MERCK SHARP & DOHME CORP., Plaintiff, v. Jack CONWAY, in his Official Capacity as Attorney General of the Commonwealth of Kentucky, Defendant.

United States District Court, E.D. Kentucky, Central Division, at Frankfort.

December 19, 2012.


Attorney(s) appearing for the Case

Tarek Ismail , Goldman, Ismail, Tomaselli, Brennan & Baum, LLP, Chicago, IL, Jessica Davidson Miller , John H. Beisner , Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, Susan J. Pope , Frost Brown Todd LLC, Lexington, KY, Winston E. Miller , Frost Brown Todd LLC, Louisville, KY, for Plaintiff.

Sean J. Riley , Clay A. Barkley , Elizabeth Ungar Natter , Maryellen Buxton Mynear , Todd E. Leatherman , Attorney General's Office, Frankfort, KY, for Defendant.


MEMORANDUM OPINION AND ORDER

DANNY C. REEVES, District Judge.

This matter is pending for consideration of Defendant Jack Conway's renewed motion to dismiss. [Record No. 36] Conway, the Kentucky Attorney General ("AG"), seeks dismissal of Plaintiff Merck Sharp & Dohme Corporation's ("Merck") complaint on abstention grounds. For the reasons explained below, the AG's motion will be denied.

I...

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