Week 5 – Feb. 24, 2020
Multistate Advocacy & Private Counsel
Syllabus: The Role of the State Attorney General
Although State Attorneys General engaged in multistate matters for years, they burst onto the national scene with the over $200 billion settlement against the tobacco companies, with many of the States relying on outside plaintiffs’ contingency counsel. Following that case, there was a backlash against the use of plaintiffs’ contingency counsel, with court decisions and legislative efforts to curtail the use of such counsel, or at least provide greater transparency. This week will discuss the growth of multistate AG settlements and the role of outside counsel.
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- DIRECTV Settlements Articles (1998, 2005, 2010).
- AG Release, _ Leads Settlement with Career Education Corp_. (Jan. 3, 2019).
- _NY AG James Announces Settlement with Fiat Chrysler _(Jan. 2019).
- "49 AG's Settle Pharma Marketing case for $13.5 million," Dec 20, 2017.
- Paul Nolette, Multistate Actions and Settlements. (Review both the chart on the link on the page, and the interactive settlement database on the on the link on the page and select an interesting settlement to discuss in class.)
- Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019).
- Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited).
- State Attorneys General Powers and Responsibilities, Emily Myers (Ed), National Association of Attorneys General, (4th Edition, May 17, 2019).
- State v. Lead Industries Association, Inc., 951 A.2d 428 (R.I. 2008) (Edited).
- American Legislative Exchange Council, Private Attorney General Retention Sunshine Act.
- Ryan Luby, Attorney general [Hector Balderas] unveils changes on hiring private lawyers, KOB Eyewitness News 4, March 30, 2015.
- Eric Lipton, Lobbyists, Bearing Gifts, Pursue Attorneys General, New York Times (Oct. 28, 2014) (supplemental reading).
- Eric Lipton, Energy Firms in Secretive Alliance with Attorneys General, New York Times (Dec. 6, 2014) (supplemental reading).
- Potential Multistate Case Hypothetical.