Merck v. Conway

Case Updates

The U.S. Chamber urged the U.S. Court of Appeals for the Sixth Circuit to reverse a district court decision upholding the contingency fee arrangement between the Kentucky Attorney General and a plaintiffs’ law firm. The Chamber argued that due process categorically bars contingency fee counsel from prosecuting quasi-criminal enforcement actions. Additionally, the government counsel's “control” cannot cure the structural problem with financially self-interested prosecutors.