State AG Monitor

Category Archives: States v. Federal Government

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State Attorney General Enforces Federal Statute: Something New or Déjà Vu?

Posted in Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Financial Industry, Health Care, States v. Federal Government

Washington AG Bob Ferguson recently announced that he had filed a “first of its kind” lawsuit against a private company and its chief executive for violations of the 2010 Restore Online Shoppers’ Confidence Act (ROSCA). AG Ferguson alleges that Internet Order, LLC, violated ROSCA’s limitations on “negative option” product purchase plans. While this action is… Continue Reading

State AGs and the High Court: 2014 Term Preview

Posted in Antitrust, Consumer Protection, States v. Federal Government

In recent years, State Attorneys General (AGs) have frequently played the role of both active litigant and friend-of-the-court in cases before the U.S. Supreme Court, and the upcoming 2014 term is proving to be no different. The following is a preview of the major cases with significant AG amicus participation for which certiorari has been… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Employment, Environment, Health Care, Intellectual Property, Pharmaceuticals, States v. Federal Government

Hot News A Tale of Two “Patent Troll” Cases: Contrasting Recent Developments in the Vermont and Nebraska AGs’ Litigations We have been following Vermont AG Bill Sorrell’s groundbreaking consumer protection lawsuit against alleged patent troll MPHJ since it was filed in 2013. At the same time, we have been noting the progress of the reverse-image… Continue Reading

A Tale of Two “Patent Troll” Cases: Contrasting Recent Developments in the Vermont and Nebraska AGs’ Litigations

Posted in Consumer Protection, Intellectual Property, States v. Federal Government

We have been following Vermont AG Bill Sorrell’s groundbreaking consumer protection lawsuit against alleged patent troll MPHJ since it was filed in 2013. At the same time, we have been noting the progress of the reverse-image federal case in which MPHJ and another alleged patent troll, Activision TV, Inc.,[1] have sought to enjoin Nebraska AG… Continue Reading

State AGs in the News

Posted in 2014 Election, Antitrust, Consumer Financial Protection Bureau, Consumer Protection, Employment, False Claims Act, Health Care, Insurance, Marijuana, Medicaid Fraud, State AGs in the News, States v. Federal Government

Hot News States and Federal Government Reach Record $16.65 Billion Settlement With Bank of America Following multiple state and federal investigations, the U.S. Department of Justice and the AGs of California, Delaware, Illinois, Kentucky, Maryland, and New York settled for $16.65 billion with Bank of America Corporation and its current and former subsidiaries, including Countrywide… Continue Reading

Recent NLRB Directive Against McDonald’s Provides Fuel for Active Attorneys General

Posted in Employment, States v. Federal Government

This week the general counsel of the National Labor Relations Board (NLRB), Richard Griffin, authorized 43 complaints of unfair labor practices brought by McDonald’s franchise workers to proceed against the franchisor, McDonald’s USA LLC. Allowing the workers’ cases to proceed against McDonald’s is not only unprecedented, but could have far-reaching implications on the entire franchise… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Employment, Environment, False Claims Act, Health Care, Mortgages/Foreclosures, State AGs in the News, States v. Federal Government

Antitrust Settlement to Resolve Allegations of Unlawfully Restrained Competition Obtained by New York Attorney General New York AG Eric Schneiderman settled with waste hauling company Casella Waste Systems, Inc. to resolve allegations that it unlawfully restrained competition by combining restrictive contracting practices with market dominance and a pattern of acquiring smaller competitors. The company’s contracts… Continue Reading

State AGs in the News

Posted in Antitrust, Charities, Climate Change, Consumer Financial Protection Bureau, Consumer Protection, Employment, Environment, False Claims Act, Financial Industry, For-Profit Colleges, Health Care, State AGs in the News, States v. Federal Government

Hot News CFPB Exercises Both Supervisory and Enforcement Authority The Consumer Financial Protection Bureau (CFPB) continues to assert itself in the consumer credit card market, exercising both its supervisory and enforcement authority in finding that GE Capital Retail Bank, now operating as Synchrony Bank, allegedly engaged in discriminatory and deceptive practices against consumers. The two-part… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Protection, Contingency Fee Counsel, Data Privacy, Employment, Financial Industry, Mortgages/Foreclosures, State AGs in the News, States v. Federal Government

Antitrust Apple Enters Into Preliminary Settlement of E-Book Antitrust Lawsuit Apple Inc. has agreed to settle the antitrust class action lawsuit brought by 33 AGs and consumers alleging that it conspired with publishers to fix prices for e-books. The terms of the settlement were not released. The settlement is contingent on court approval and the… Continue Reading

State AGs in the News

Posted in 2014 Election, Antitrust, Consumer Protection, Energy, Environment, Financial Industry, Health Care, Medicaid Fraud, Pharmaceuticals, State AGs in the News, States v. Federal Government

Hot News Attorneys General Discuss Possible Approaches to Prescription Drug Abuse Problem The dangers of prescription drug abuse continue to be a huge concern for regulators at every level, including state AGs. This week at the National Association of Attorneys General summer meeting in Mackinac Island, Michigan, AGs furthered their discussions of such abuse and… Continue Reading

State AGs in the News

Posted in 2014 Election, Antitrust, Charities, Consumer Protection, Contingency Fee Counsel, Employment, Energy, Environment, False Claims Act, For-Profit Colleges, State AGs in the News, States v. Federal Government, Unclaimed Property

Hot News Alabama Primary Election Results Incumbent AG Luther Strange (R) and Joe Hubbard (D) received their respective party’s nomination after both ran unopposed in the primary. California Primary Election Results Incumbent AG Kamala Harris (D) will face Ronald Gold (R) in November’s general election after the candidates received 53.1 percent and 12.7 percent of… Continue Reading

State False Claims Act Enforcement Explodes in 2014

Posted in False Claims Act, Medicaid Fraud, States v. Federal Government

Over the last decade, False Claims Act (“FCA”) litigation has exploded, and actions asserting new theories of liability are resulting in increasingly large recoveries. Last year the U.S. Department of Justice (DOJ) announced that it had recovered $3.8 billion under the federal FCA in FY 2013. From all appearances FY 2014 promises to be another… Continue Reading

State AGs in the News

Posted in 2014 Election, Antitrust, Campaign Finance, Consumer Protection, Energy, For-Profit Colleges, Health Care, Mortgages/Foreclosures, State AGs in the News, States v. Federal Government

Hot News Blog Post: Checkups for the Healthcare System—AGs’ Consumer Protection Role Under the Affordable Care Act The American healthcare market is in the process of an unprecedented transformation, driven largely by the enactment in 2010 of the Patient Protection and Affordable Care Act (“ACA”, also sometimes called “Obamacare”). Now that the ACA has been… Continue Reading

Checkups for the Healthcare System: AGs’ Consumer Protection Role Under the Affordable Care Act

Posted in Health Care, States v. Federal Government

The American healthcare market is in the process of an unprecedented transformation, driven largely by the enactment in 2010 of the Patient Protection and Affordable Care Act (“ACA”, also sometimes called “Obamacare”). Now that the ACA has been implemented, and open enrollment is over, millions of people now have health insurance who previously did not…. Continue Reading

State AGs in the News

Posted in Antitrust, Charities, Consumer Protection, Data Privacy, Energy, Environment, Financial Industry, State AGs in the News, States v. Federal Government

Hot News U.S. Supreme Court Upholds Michigan Constitutional Amendment Banning Use of Affirmative Action in Admissions The U.S. Supreme Court ruled, in a 6-2 decision in the case of Schuette v. Coalition to Defend Affirmative Action, that the Michigan constitutional amendment banning the use of racial preferences in school admission decisions did not violate the… Continue Reading

State AGs in the News

Posted in Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Employment, Energy, Environment, Financial Industry, Health Care, Pharmaceuticals, State AGs in the News, States v. Federal Government

Consumer Financial Protection Bureau Consumer Financial Protection Bureau’s Mid-Year Report on Student Loan Complaints Reveals Reports of Auto-Default When Co-Signer Dies or Files Bankruptcy The CFPB issued a mid-year report on student loan complaints and highlighted co-signer issues reported by borrowers. The complaints included lenders placing loans into auto-default when a co-signer dies or files… Continue Reading

Federal Judge Orders Alleged “Patent Trolls” Back to Mountains (At Least, the Green Mountain State’s Courts)

Posted in Consumer Protection, Intellectual Property, States v. Federal Government

The latest development in Vermont Attorney General (AG) Bill Sorrell’s landmark lawsuit against alleged patent troll MPHJ, which we have discussed before, counts as a win for the state, as a federal judge yesterday held that the case should be heard by a state court judge. AG Sorrell filed the case in state court in… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Protection, Energy, Environment, Health Care, Pharmaceuticals, State AGs in the News, States v. Federal Government

Antitrust Attorneys General To Review $45 Billion Comcast And Time Warner Merger for Antitrust Violations AGs will allegedly join the U.S. Department of Justice (DOJ) to review the proposed $45 billion merger of Comcast and Time Warner Cable to determine the impact on their states and whether there are any antitrust violations. “We are part… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Employment, False Claims Act, Health Care, Pharmaceuticals, State AGs in the News, States v. Federal Government

Antitrust Oklahoma Attorney General Sues to End Alleged Software Piracy Oklahoma AG Scott Pruitt filed a lawsuit against an oil equipment supply company, Neway Valve Co., alleging that it used pirated software to sell equipment in Oklahoma at artificially low prices and to gain an unfair competitive advantage. Neway allegedly stole manufacturing process-related software used… Continue Reading

State AGs in the News

Posted in Antitrust, Consumer Financial Protection Bureau, Environment, Insurance, Mortgages/Foreclosures, State AGs in the News, States v. Federal Government

HOT NEWS Massachusetts Attorney General Martha Coakley Discusses Patent Trolls with Dickstein Shapiro’s Bernie Nash Massachusetts AG Martha Coakley recently sat down with Dickstein Shapiro’s Bernie Nash to discuss how the states and federal government are addressing the patent troll problem. AG Coakley stated that the issue is taken up by State AGs because patent… Continue Reading

Supreme Court Unanimous – CAFA Does Not Apply to AGs

Posted in Antitrust, Consumer Protection, Contingency Fee Counsel, States v. Federal Government

The U.S. Supreme Court today unanimously held that suits filed by State AGs based on harm to consumers are not removable to federal court under the Class Action Fairness Act (CAFA). The decision in Mississippi ex rel. Hood v. AU Optronics Corp, an antitrust case brought by the State of Mississippi in state court against… Continue Reading

State AGs in the News

Posted in Consumer Protection, Environment, Financial Industry, Health Care, Medicaid Fraud, States v. Federal Government

CONSUMER PROTECTION Connecticut Attorney General and Federal Trade Commission Settle Weight Loss Product Claim Charges Connecticut AG George Jepsen and the FTC have settled with three companies, LeanSpa LLC, NutraSlim LLC and NutraSlim U.K. Ltd. and their owner over charges of alleged deceptive and unfair internet marketing and sales practices. The companies are alleged to… Continue Reading

State AGs in the News

Posted in Campaign Finance, Consumer Financial Protection Bureau, Consumer Protection, Data Privacy, Environment, Health Care, Mortgages/Foreclosures, State AGs in the News, States v. Federal Government

HOT NEWS States, Federal Government Reach Largest Settlement Against Single Entity in U.S. History Federal and state governments will receive $13 billion from JP Morgan Chase in the largest settlement against a single entity in U.S. history. A $4 billion portion of the settlement will go toward consumer relief. The settlement resolves federal and state… Continue Reading

Food, Beverage, and Dietary Supplement Companies Beware: Consumer Advocates Pitch AGs to Sue

Posted in Consumer Protection, Contingency Fee Counsel, Pharmaceuticals, States v. Federal Government

The image on the screen is the familiar face of Uncle Sam, pointing his finger toward the viewer and stating “We Want You!” A military recruiting presentation? Think again. The Center for Science in the Public Interest (CSPI), an aggressive pro-consumer advocacy group, and its allies have stepped up efforts to recruit State Attorneys General… Continue Reading