In re Standard & Poor’s Rating Agency Litigation, No. 13-MD-2446 (S.D.N.Y., Feb. 26, 2014)

A number of states filed consumer protection cases against the rating agency Standard & Poor’s in their state courts, seeking injunctive and equitable relief, but not damages.  The cases were removed by the defendants to federal court, and the states have moved for remand.  The court is considering those motions.  In the meantime, discovery is…

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Exxon Mobil Corp. v. Schneiderman

The attorneys general of Massachusetts and New York sought documents from Exxon Mobil (Exxon) about Exxon’s “historical knowledge of climate change and its communications with interest groups and shareholders regarding” climate change.  Exxon filed a federal suit against the attorneys general alleging that the CID and subpoena were part of a conspiracy “to silence and…

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United States et al. v. American Express Co., No. 10-CV-04496 (S.D.N.Y. July 29, 2011)

After the U.S. Department of Justice and a number of states sued American Express, alleging anticompetitive acts, Amex sought party discovery from a wide variety of state agencies. The states objected, arguing that 1) state agencies are not plaintiffs for purposes of discovery, since the states are not seeking damages; and 2) the states do…

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Commonwealth ex rel. Conway v. Purdue Pharma (In re Oxycontin Antitrust Litigation), 2011 U.S. Dist. Lexis 111068 (S.D.N.Y. 2011)

Kentucky, through its Attorney General, brought an action in state court alleging that defendants violated Kentucky state law by misleading health care providers, consumers, and government officials regarding the risks of addiction associated with the prescription drug OxyContin. Defendants removed the action to federal court, arguing the federal court had federal question jurisdiction and that…

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