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ATTORNEY GENERAL v. MERCK

Docket No. 292003.

807 N.W.2d 343 (2011)

292 Mich. App. 1

ATTORNEY GENERAL v. MERCK SHARP & DOHME CORPORATION.

Court of Appeals of Michigan.

Decided March 17, 2011, at 9:00 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Mark Matus , Assistant Attorney General, for plaintiffs.

Honigman Miller Schwartz and Cohn LLP, Detroit (by Andrew S. Doctoroff ), Skadden, Arps, Slate, Meagher & Flom LLP (by John H. Beisner ), and O'Melveny & Myers LLP (by Brian C. Anderson , Matthew M. Shors , and Rebecca S. Bjork ) for defendant.

Before: SAWYER, P.J., and FITZGERALD and SAAD, JJ.

SAAD, J.

Defendant, Merck Sharp & Dohme Corporation, appeals by leave granted the trial court's order that denied its motion for summary disposition. For the reasons set forth below, we reverse and remand for further proceedings.

I. NATURE OF THE CASE

Michigan's Attorney General claims that because Merck misrepresented the safety and efficacy of its prescription pain reliever Vioxx in its marketing and because Michigan reimbursed providers who...

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