5 Multistate Advocacy 5 Multistate Advocacy
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.
5.1. Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited)
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.)
5.2. Multistate Consumer Actions and Settlements, Website of Prof. Nolette, Marquette University (Reference)
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.
5.3. State Litigation and AG Activity Database, An Overview of State AG Activities: Website of Prof. Nolette (Reference)
On this website, you will find data on state AG litigation and multistate activities, important developments concerning the powers of AGs, scholarship concerning AGs, etc. Go to the link found at the end of the sentence, "The database of all multi-state lawsuits filed vs. the federal government can be found at this link."
The site also provides quick links to other AG sites -- both nonpartisan (National Ass'n of Attorneys General, StateAG.org) and partisan (Democratics and Republican Attorneys General Assn'ns, respectively).
5.4. Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019) (Exec. Summary)
This is a comprehensive report on the impact of state attorney general cases based largely on the data contained in the Nolette data base.
Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019)
5.5 Examples of multistate consumer fraud enforcement by attorneys general 5.5 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.
5.5.1. Baldwin Accord Criticized, New York Times (Feb. 5, 1985)
5.5.2 Tobacco Litigation of the 1990s 5.5.2 Tobacco Litigation of the 1990s
While multistate litigation existed long before the states' fight against Big Tobacco, it was the tobacco litigation of the late 1990s that helped then-current and future AGs understand just how powerful they could be when joining forces with like-minded states. It also began the backlash led by conservative AGs and led to more partisan divisions among the states' respective AGOs -- offices that had previously been viewed as relatively nonpartisan guardians of consumer protection and law enforcement.
5.5.2.1. Thomas A. Schmeling, Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General, 25 Law & Policy 429 (2003)
Thomas A. Schmeling, Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General, 25 Law & Policy 429 (2003) (Links to an external site.)
5.5.2.2. Historical summary and perspective on the attorney general tobacco litigation of the 1990's (For Research)
State attorneys general sued the tobacco industry in the late 1990's and negotiated the Master Settlement Agreement ("MSA") that continues to govern the relations betwen the industry and state governents. Billions of dollars have flowed from the industry to the states and the entire process remains controversial.
The litigation and the MSA have generated a huge amount of research. For a historical summary and perspective on the attorney general who conducted the tobacco litigation of the 1990's, see: https://www.stateag.org/initiatives/the-tobacco-settlement" (For those who are focusing on research of the MSA, please also listen to my interview at https://www.stateag.org/initiatives/the-tobacco-settlement#modisett.)
5.5.2.3. The Public Health Law Center, Mitchell Hamline School of Law, St. Paul, Mn. (For Research)
Part of a 1998 settlement between the State of Minnesota and the tobacco industry (Minnesota is not a signatory of the Master Settlement Agreement) resulted in the funding of the Public Health Law Center at the Mitchell Hamline School of Law in St. Paul, Mn. This Center remains an outstanding and critical source of information about the role AG's have played and are playing vis-a-vis the tobacco industry.
5.5.2.4. As a Young Lawyer, Gillibrand Defended Big Tobacco - The New York Times, Mar 26, 2009
5.5.3. DIRECTV Settlements Articles (1998, 2005, 2010)
DIRECTV Settlements Articles (1998, 2005, 2010) (Links to an external site.)
5.5.4. Multistate Advocacy Hypothetical
5.5.5 Supplemental Readings 5.5.5 Supplemental Readings
5.5.5.1. The Fall of Big Tobacco, Part 3, Washington Post, March 31, 1998 (Supplemental Reading)
This article describes in the internal battles over the tobacco question within the Clinton Administration from 1994 to 1997.
5.5.5.2. Honda Will Pay $85 Million in Takata Airbag Settlement (to) a group of U.S. states, Autoweek, August 31, 2020 (Supplemental Reading)
5.5.5.3. PA Attorney General Josh Shapiro and 50 AGs Reach $13.5M Settlement with Pharmaceutical Company for Misleading Marketing of Four Drugs (Supplemental Reading)
Pennsylvania Attorney General, Dec. 20, 2017
Original: https://www.attorneygeneral.gov/taking-action/press-releases/attorney-general-josh-shapiro-and-50-ags-reach-13-5m-settlement-with-pharmaceutical-company-for-misleading-marketing-of-four-drugs/
Archival: https://perma.cc/7XDC-ZJ2R
5.5.5.4. CT AG Jepsen Leads Settlement with Career Education Corp. (Jan. 3, 2019) (Supplemental Reading)
AG Release, Leads Settlement with Career Education Corp. (Jan. 3, 2019) (Links to an external site.)