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MERCK & COMPANY, INC. v. COMBS

2010-SC-000529-MR.

MERCK & COMPANY, INC. APPELLANT v. HON. STEPHEN D. COMBS (JUDGE, APPELLEE PIKE CIRCUIT COURT) AND JAMES RATLIFF REAL PARTY IN INTEREST

Supreme Court of Kentucky.

RENDERED: March 24, 2011.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Susan J. Pope , Frost Brown Todd LLC, 250 W. Main Street, Suite 2800, Lexington, Kentucky.

John H. Beisner , Jessica Miller , Skadden, Arps, Slate, Meagher 85 Flom, LLP, 1440 New York Avenue, NW, Washington, DC.

APPELLEE: Steven Daniel Combs , Circuit Judge, Division II Hall of Justice, Suite 423, 172 Division Street, Pikeville, Kentucky.

COUNSEL FOR REAL PARTY IN INTEREST: Joe Francis Childers, Jr. , Richard A. Getty , Jessica K. Case , Kristopher D. Collman , Getty & Childers, PLLC, 1900 Lexington Financial Center, 250 West Main Street, Lexington, Kentucky.

Not to be Published

MEMORANDUM OPINION OF THE COURT

Appellant, Merck & Co., Inc., appeals from an order of the Court of Appeals denying its petition for a writ of mandamus against Appellee, Judge Stephen D. Combs, of the Pike Circuit Court. The underlying lawsuit, brought by the Real Party in Interest, James Ratliff, is a class action alleging that Merck concealed the dangerous side effects of the prescription pain medication marketed under the name...

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