8 Multistate Advocacy: March 2 8 Multistate Advocacy: March 2
Guest: Former ME AG, Harvard Lecturer Jim Tierney
The integration of our economy and the rise of technology has made it essential for attorneys general to work cooperatively across state lines if they are to engage in the traditional affirmative enforcement of state laws covering matters such as consumer protection, antitrust, charities, medicaid fraud and illegal internet related. activity Over the last thirty years AG offices have developed protocols for such cooperation and this section explores that process.
8.1. Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited)
Please read only Part I (pages 1-5).
Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited) (Links to an external site.)
8.2. Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019) (Supplemental Research)
This is a comprehensive report on the impact of state attorney general cases based largely on the data contained in the Nolette data base. Please read pp. 1-17 (no need to review the Appendix).
Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019)
Of note: Banks and other financial services companies account for far and away the largest monetary share of penalties paid in multistate AG cases—$70 billion from 122 settlements involving 65 different parent companies. In second place is the pharmaceutical industry with $10.4 billion in penalties from 137 settlements. The total amount of penalties was $106 billion.
8.3 Examples of multistate consumer fraud enforcement by attorneys general 8.3 Examples of multistate consumer fraud enforcement by attorneys general
These cases are examples of attorney general multistate action. They are easily found in the Nolettte data base.
8.3.1. Honda Will Pay $85 Million in Takata Airbag Settlement (to) a group of U.S. states, Autoweek, August 31, 2020
8.3.2. Ct. AG Jepsen Leads Settlement with Career Education Corp. (Jan. 3, 2019) (Links to an external site.) (Links to an external site.)
AG Release, Leads Settlement with Career Education Corp. (Jan. 3, 2019) (Links to an external site.)
8.3.3. Attorney General Josh Shapiro and 50 AGs Reach $13.5M Settlement with Pharmaceutical Company for Misleading Marketing of Four Drugs – PA Office of Attorney General - Dec 20, 2017
8.3.4. NY AG James Release Announces Settlement with Fiat Chrysler (Jan. 2019)
NY AG James Announces Settlement with Fiat Chrysler (Jan. 2019) (Links to an external site.)
8.3.5. Department of Justice, Federal Government and State Attorneys General Reach $25 Billion Agreement with Five Largest Mortgage Servicers to Address Mortgage Loan Servicing and Foreclosure Abuses, 2012, (Supplemental)
8.4. Supplemental Reading: Multistate Consumer Actions and Settlements, Website of Prof. Paul Nolette, Marquette University
The best resource for tracking multistate cases is the State Litigation and AG Activity Database, a website maintained by Marquette Political Science Professor Paul Nolette. Prof. Nolette works closely with NAAG and the site is easily searchable and provides up-to-date information not found anywhere else.
This data base is augmented for past cases by The State Center Consumer Protection Report, a newsletter and website maintained by The Center for State Enforcement of Antitrust and Consumer Protection Laws.
Paul Nolette, Multistate Actions and Settlements, (Links to an external site.)