Attorney General Consumer Protection News: July 2022
Multistate Actions The bipartisan opioids executive committee of 12 attorneys general announced $6.6 billion in agreements in principle with opioid makers Allergan and Teva. Teva purchased Allergan’s opioid products and generic portfolio in 2016. The attorneys general stated that both settlements remain contingent on resolution of key issues involving settlement structure and changes in business…
Vigilance and Collaboration: The Continued Battle to Eliminate Robocalls
Vigilance and collaboration to combat illegal robocalls and protect consumers was the unofficial theme of the recent 2022 Robocall Summit in Detroit. Michigan Attorney General Dana Nessel and Ohio Attorney General Dave Yost joined NAAG in bringing together staff from Attorney General Offices, federal agencies, industry groups, and others to discuss education, enforcement tools and…
Consumer Chief of the Month: David McDowell, Tennessee Attorney General’s Office
I joined the Tennessee Attorney General’s Office in August of 2016, after ten years of private practice in Nashville. Earlier that year, on a dark and stormy night, my car had broken down on the edge of town. I walked to a roadside bar to wait for a tow truck, where I ended up shooting…
NAAG State Solicitors General & Appellate Chiefs Conference
September 15-16, 2022 San Francisco, California The conference will provide a forum in which state solicitors general and appellate chiefs can exchange ideas and obtain information that will help improve each state’s appellate practice. Among the expected speakers are Judges Leondra Kruger and Jeffrey Sutton, and Jeffrey Fisher, Pamela Karlan, Orin Kerr, Erin Murphy, and…
Supreme Court Report: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270 MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270. The question presented is whether during bankruptcy proceedings 11 U.S.C. §363(m) limits appellate jurisdiction over any…
Supreme Court Report: Ciminelli v. United States, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Ciminelli v. United States, 21-1271 Ciminelli v. United States, 21-1271. The Court will resolve “[w]hether the Second Circuit’s ‘right to control’ theory of fraud—which treats the deprivation of complete and accurate information bearing on…
Supreme Court Report: Percoco v. United States, 21-1158
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Percoco v. United States, 21-1158 Percoco v. United States, 21-1158. At issue is whether “a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental…
Supreme Court Report: Moore v. Harper, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Moore v. Harper, 21-1271 Moore v. Harper, 21-1271. Petitioners ask the Court to adopt what has come to be known as the “independent state legislature” theory. Their question presented is: “Whether a State’s judicial…
Survey of Recent Challenges to Federal Agencies’ Enforcement Powers and Potential Impacts on Consumer Protection
Introduction 1 In recent years, courts have decided several cases involving both the substance and timing of constitutional challenges to federal agency enforcement proceedings. Because the Supreme Court’s decision in AMG Capital v. FTC, 2 curtailing the Federal Trade Commission’s (FTC) enforcement abilities, has caused the FTC to increasingly rely upon administrative enforcement actions, any…
Consumer Chief of the Month: Jason Evans, Michigan Attorney General’s Office
I joined the Michigan Department of Attorney General in 2005, after spending two years in private practice. Initially, I worked in our Public Employment, Elections & Tort Division, focusing on employment law cases and tort defense work. This assignment provided me with significant civil litigation experience. I represented multiple state agencies in state and federal…
