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MERCK & COMPANY, INC. v. RATLIFF

No. 2011-CA-000234-MR.

MERCK & COMPANY, INC., n/k/a MERCK SHARP & DOHME CORP., Appellant, v. JAMES RATLIFF, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Appellees.

Court of Appeals of Kentucky.

February 10, 2012.

Attorney(s) appearing for the Case

Susan J. Pope , Lexington, Kentucky, Briefs for Appellant.

John H. Beisner , Washington, DC, Pro Hac Vice for Appellant.

Richard A. Getty , Jessica K. Case , Lexington, Kentucky, Brief for Appellees.

BEFORE: ACREE, CLAYTON, AND WINE, JUDGES.

OPINION

WINE, JUDGE.

Merck & Company, Inc., n/k/a Merck Sharp & Dohme Corporation (Merck) appeals from an order of the Pike Circuit Court certifying a class for a class action lawsuit initiated by James Ratliff, on behalf of himself and others similarly situated.2 In the underlying lawsuit, Ratliff alleges that Merck concealed the dangerous side effects of the prescription medication, rofecoxib, marketed under the name...

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