Yep, that Merck lawsuit is still a nightmare for Jack Conway.

Your mainstream media in Kentucky are ignoring the nightmare, so here’s a taste of what’s going down:

FRANKFORT, Ky. (Legal Newsline) – A federal judge is deciding what to do with another challenge made by a company that claims it is unfair for a state attorney general to hire private attorneys on a contingency fee basis.

U.S. District Judge Danny Reeves, of Kentucky’s eastern district, is weighing a motion for preliminary injunction filed by prescription drug maker Merck Sharp & Dohme Corp. while also deciding on a motion to dismiss submitted by Kentucky Attorney General Jack Conway.

Merck sued Conway in August, almost two years after Conway, who won re-election earlier this month, sued Merck over the anti-inflammatory drug Vioxx. The suit seeks penalties as opposed to compensatory relief, the company says.

“Such suits can only be prosecuted by the Kentucky Attorney General and only when penalties ‘would be in the public interest,’” Merck’s attorneys wrote in August.

“Nonetheless… Conway has effectively transferred his enforcement authority to private outside counsel. And unlike the Kentucky AG, whose compensation is fixed and independent of success or failure in litigation, the arrangement with the private outside counsel in this case gives them a significant stake in the outcome: the more penalties they pursue, the bigger their potential take.”

-SNIP-

The agreement between the two does not specify the firm’s percentage of any recovery. Merck says Conway’s decision to hire outside counsel is tantamount to ceding control of the litigation.

We also a hear a lawsuit could be coming down the pike regarding Conway’s handling of the for-profit college mess and his buddy, Mark Bryant.