Fact Sheet: Examples of Important Cases Brought by State Attorneys General

Wednesday, February 1, 2012

Consumer groups sent a letter to Congress on January 31, 2012, expressing "concern about any attempts by Congress to interfere with the functions of state Attorneys General or their ability to continue their role as important public advocates.  A copy of the letter is here.

Below is a fact sheet about important cases brought by state Attorneys General.  For a PDF version of this fact sheet, click here.
 

EXAMPLES OF IMPORTANT CASES
BROUGHT BY STATE ATTORNEYS GENERAL

 

TOBACCO

In partnership with private attorneys, AGs in 46 states settled with the tobacco industry in 1998, whereby the tobacco industry paid more than $200 billion.  The attorneys and AG’s were not only able to force the tobacco industry to reimburse state funds expended to deal with one of the biggest public health disasters in modern times, they were also able to expose the industry’s corrupt practices, uncovering for the first time how it promoted addiction through manipulation of nicotine levels, engaged in a secret campaign to hook teens and even pre-teens and lied to government officials and the public.

Had state AGs not joined forces with private counsel, cases against the tobacco industry would have never succeeded. In a famous memo, R.J. Reynolds lawyer J. Michael Jordan, explained: “[T]he aggressive posture we have taken regarding depositions and discovery in general continues to make these cases extremely burdensome and expensive for plaintiffs’ lawyers, particularly sole practitioners.  To paraphrase General Patton, the way we won these cases was not by spending all of Reynolds’ money, but by making that other son of a bitch spend all his.”[i]

Many retainer agreements between AGs and private firms were made public, usually showing a standard contingency fee of around 15 percent, lower than typical 1/3 arrangements, despite the huge risks and the small likelihood of a plaintiff win.[ii]  Yet when the industry began to settle these cases, most private counsel gave up the contracted fee and amiably agreed, along with the tobacco industry, to arbitrated fee decisions.  In announcing the first fee award to attorneys in Florida, Texas and Mississippi in December 1998, to be paid by the tobacco companies over a minimum of 10 years, labor mediator and panel Chairman John Calhoun Wells said, “[N]otwithstanding all the efforts by individuals who committed years of their lives to achieving progress on this issue, without these outside counsel, there would be no multibillion-dollar settlements for the states to reimburse tobacco-related health expenses and provide funds for educational efforts to reduce youth smoking.”[iii]

 

POULTRY FARMS           

In June 2005, then-Oklahoma Attorney General W.A. Drew Edmondson sued Arkansas poultry farmers, including industry giant Tyson Foods, Inc., for polluting the Illinois River with chicken waste and hazardous chemicals.[iv]   The suit was brought under the federal Superfund law and other state statutes.[v]  Edmondson brought on a consortium of outside firms on a contingency fee basis because his office could not undertake the expense of handling such major litigation.[vi]  When the defendants’ challenged this arrangement, the court dismissed the motion, allowing the suit to continue with the help of outside counsel.[vii]  The case is still pending.[viii]

 

HYTRIN

In July 2005, 18 Attorneys General settled charges of antitrust and consumer protection law violations brought against Abbott Laboratories and Geneva Pharmaceuticals Inc. for $30.7 million.[ix] Of that amount, $28.7 million went to consumers and third-party payers.  The remaining $2 million reimbursed state agency claims and litigation costs incurred by Florida, Kansas and Colorado, states that led the investigation and initiated the AG suit.[x]

 

REMERON

In August 2005, a federal court approved a $36 million settlement between Attorneys General from 50 states, the District of Columbia and other U.S. territories and Organon USA Inc. and parent company, Akzo Nobel N.V., over the anti-depressant drug Remeron.[xi]  Of the $36 million, $8.6 million compensated consumers for amounts they overpaid for Remeron.[xii]

 

PREDATORY LENDING

In January 2006, 49 states and the District of Columbia entered into a settlement agreement with Ameriquest Mortgage Company over alleged illegal lending practices.[xiii]  Under the settlement, Ameriquest agreed to pay $295 million to consumers and $30 million to the Attorneys General to cover costs and fund consumer education and consumer protection enforcement programs.[xiv]  The agreement also compelled Ameriquest to make sweeping reforms of its business practices.[xv]

 

LEAD IN CHILDREN’S JEWELRY

In April 2006, then-California Attorney General Bill Lockyer announced a settlement with U.S. retailers and distributors over lead levels in costume jewelry.[xvi]  Under the agreement, retailers and suppliers had to stop sales in California of any product not meeting the strict lead-content standards.[xvii]  The retailers also pledged to pay a total of $1.9 million, with $325,000 earmarked for consumer education about the dangers of heavy metal exposure and $250,000 set aside for a jewelry-testing fund.

 

PAYDAY LENDERS

In November 2006, West Virginia Attorney General Darrell McGraw reached settlements with 18 Internet-based lenders who allegedly made “payday loans” to West Virginia consumers without being licensed to do business in the state.[xviii]  Under the settlements, the companies agreed to quit doing business in West Virginia, pay refunds to consumers and cancel their debts.[xix]

 

BILLING PRACTICES

In December 2006, 16 Attorneys General, led by then-California Attorney General Bill Lockyer, settled a lawsuit with JPMorgan’s Chase Bank and Trilegiant Corp. over deceptive billing practices.[xx] Under the $14.5 million settlement, Trilegiant and Chase agreed to clearly disclose all terms of any free trials and were barred from characterizing future advertising solicitations as “reward” or “rebate” offers.[xxi]  Chase and Trilegiant also pledged to pay the settling states for attorneys’ fees and investigation and litigation costs, and/or consumer protection enforcement funds, consumer education, litigation or local consumer aid and other uses permitted by state law, at the discretion of each state Attorney General.[xxii]

 

BAYCOL

In January 2007, 30 Attorneys General settled with Bayer Corporation over its marketing of Baycol, a dangerous “statin” drug.[xxiii]  An $8 million settlement was reached, with the monies used by the states for attorneys’ fees and other costs of investigation and litigation, consumer protection enforcement funds, consumer education, litigation or local consumer aid funds or other purposes.[xxiv]

 

ANNUITIES

In October 2007, Minnesota Attorney General Lori Swanson settled a lawsuit against Allianz Life Insurance Company for marketing and selling $259 million worth of unsuitable long-term annuities to seniors.[xxv]  The settlement, among other things, established a restitution process to review sales to more than 7,000 Minnesota seniors.[xxvi]

 

ZYPREXA

In October 2008, 33 State Attorneys General announced a $62 million settlement agreement with Eli Lilly over its marketing of the anti-psychotic drug Zyprexa,[xxvii] with the monies to be used by the states for attorneys’ fees and other costs of investigation and litigation, consumer protection enforcement funds, consumer education, litigation or local consumer aid funds or other purposes.[xxviii]  Under the settlement, Lilly was also required to spend six years implementing major changes in how it marketed Zyprexa.[xxix]

Rather than participate in the 2008 settlement, several State AGs achieved justice by pursing individual lawsuits against Lilly with the help of outside counsel.  For example, in October 2009, South Carolina reached a $45 million settlement over the drugmaker’s Zyprexa marketing practices, with Lilly paying over $37 million for Medicaid/State Health Plan reimbursement and consumer protection and pledging to institute significant changes in how it marketed Zyprexa.[xxx]  As then-South Carolina Attorney General Henry McMaster explained when announcing the settlement, “The Eli Lilly case was handled on a contingent basis by special counsel appointed by the attorney general.  Special counsel paid and incurred all up front costs associated with bringing the case, and their expertise in similar pharmaceutical litigation was instrumental in its successful resolution.”[xxxi]

Similarly, in April 2010, Louisiana Attorney General Buddy Caldwell announced a $20 million settlement over Lilly’s Zyprexa, with nearly $17 million going to the state’s general fund, $3 million reimbursing the state’s Medicaid fund and the company pledging to significantly change the way it marketed Zyprexa.[xxxii]  Lilly also agreed to pay private counsel’s fees in addition to the state’s $20 million recovery.[xxxiii]

 

SECURITIES FRAUD

In August 2009, a federal court approved a $475 million securities class action settlement between then-Ohio Attorney General Richard Cordray and Merrill Lynch, which allegedly, among other things, “made materially false and misleading statements in its financial statements concerning its exposure to residential mortgage-related debt, including subprime and collateralized debt obligations.” [xxxiv]  Outside attorneys served as co-lead counsel in the litigation.[xxxv]

Later that year, AG Cordray announced a $400 million securities class action settlement for investors harmed by Marsh & McLennan Companies, Inc., Marsh Inc. and former company executives Jeffrey Greenberg and Roger Egan (collectively “Marsh”).[xxxvi]  The agreement, negotiated by Cordray and New Jersey’s Attorney General, held Marsh accountable for “failure to disclose a scheme that generated substantial earnings from illegal, anticompetitive arrangements with insurance carriers.”[xxxvii]  The settlement received final court approval in December 2009.[xxxviii]

In July 2010, Cordray announced a proposed settlement of $725 million with AIG over investor losses from the company’s participation in an “illegal, industry-wide market division scheme involving the payment of improper ‘steering’ contingent commissions as well as bid-rigging and accounting fraud.”[xxxix]  Private counsel represented the lead plaintiffs (the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio and the Ohio Police and Fire Pension Fund), along with the Ohio AG, in the class action suit.[xl]  The court granted preliminary approval of the settlement in October 2011.  As of January 2012, the agreement had not been finalized.[xli]

 

TFT-LCD PANELS

In December 2011, a multi-state group of eight Attorneys General and private class action attorneys reached a $553 million settlement with seven major technology corporations, which allegedly conspired to fix prices of thin film transistor-liquid crystal display (TFT-LCD) screens used in televisions, computer monitors and laptops.[xlii]  According to New York Attorney General Eric Schneiderman, “Up to $501 million will be available for partial refunds to compensate consumers residing in 24 states and the District of Columbia who purchased products containing TFT-LCD panels during the period beginning January 1, 1999 and continuing through December 31, 2006.”[xliii]

 

RISPERDAL

In January 2012, Texas Attorney General Greg Abbott secured a $158 million settlement with Johnson & Johnson over its marketing of the anti-psychotic drug Risperdal.[xliv]  “Today’s agreement sends a strong message that the State will pursue those who defraud Texas taxpayers,” Abbott said in a statement.  “Johnson & Johnson’s scheme to profit from the Medicaid program by overstating the safety and effectiveness of an expensive drug and improperly influencing officials ended up costing taxpayers millions of dollars.”[xlv]  The settlement will be allocated to the state, the federal government (since it provided Medicaid reimbursements), the whistleblower whose lawsuit served as the basis for the Texas case and his attorneys.[xlvi]

 

NOTES



[i]  See. e.g., Complaint, Florida v. American Tobacco Co. et al., No. CL-1466A0 (Circuit Ct.,15th Circuit, Palm Beach. Fla., Apr. 18, 1995) (memorandum from J. Michael Jordan, legal counsel, RJR).

[ii]  Stephanie Mencimer, Blocking the Courthouse Door.  New York: Free Press (2006), pp. 78-79. 

[iii]  “Tobacco Fee Arbitration Panel Announces First Decisions,” PR Newswire, December 11, 1998.

[iv]  Press release from the Office of Oklahoma Attorney General W.A. Drew Edmondson, “AG Sues Poultry Industry for Polluting Oklahoma Waters,” June 13, 2005, found at http://www.oag.state.ok.us/oagweb.nsf/srch/7DB11B73010BFF99862572B4006F6....

[v]  Press release from the Office of Oklahoma Attorney General W.A. Drew Edmondson, “AG sues poultry industry for polluting Oklahoma’s waters,” June 13, 2005, and attached complaint, found at http://www.oag.state.ok.us/oagweb.nsf/srch/7DB11B73010BFF99862572B4006F60FB.

[vi]  The consortium includes Motley Rice; Riggs, Abney, Neal, Turpen, Orbison & Lewis of Oklahoma City; and Miller & Keffer of Tulsa.  Tulsa attorney Louis Bullock also is working on the case.  Robert J. Smith, “Top Firm Takes on Poultry Industry,” Arkansas Democrat-Gazette, February 5, 2006.

[vii]  “Judge sides with Oklahoma on legal challenges to poultry suit,” Associated Press, June 16, 2007, found at http://www2.arkansasonline.com/news/2007/jun/16/judge-sides-oklahoma-leg... poultry-suit/. 

[viii]  U.S. District Court, Northern District of Oklahoma, “Court Filings for Oklahoma, State of v. Tyson Foods, Inc. et al (4:05-cv-00329-GKF -PJC)” (visited January 25, 2012), found at https://ecf.oknd.uscourts.gov/cgi-bin/5cv329.pl?full_report=1.

[ix]  “McGraw announces settlement, refund,” Associated Press, July 6, 2005; Press release from the Office of West Virginia Attorney General Darrell McGraw, “McGraw Announces Settlement & Refunds in Hytrin Case,” July 5, 2005, found at http://www.wvago.gov/press.cfm?ID=118&fx=more; “Consumers Eligible for Refunds in Hytrin Antitrust Settlement,” ConsumerAffairs.com, June 20, 2005, found at http://www.consumeraffairs.com/news04/2005/hytrin.html; Press release from Florida Attorney General Charlie Crist, “Crist Announces Settlement, Consumer Refunds in Hytrin Antitrust Case,” March 31, 2005, found at http://myfloridalegal.com/newsrel.nsf/newsreleases/E4208EAFF672805C85256... Press release from the Office of Colorado Attorney General John Suthers, “Geneva Pharmaceuticals and Abbott Laboratories to Pay $200,000 Civil Penalty,” March 14, 2005, found at http://www.ago.state.co.us/press_detail.cfm?pressID=13.  See also, In Re Terazosin Hydrochloride Antitrust Litigation, Master File No. 99-MDL-1317, S.D. Fla. (summary notice of pending class action proposed settlement and fairness hearing)(March 7, 2005), found at http://completeclaimsolutions.com/hytrin.

[x]  “Between 1999 and 2001, a number of consumers filed lawsuits against Abbott and Geneva.  The cases were consolidated into a single lawsuit in federal court in the Southern District of Florida. After conducting their own investigations, the states of Florida, Kansas and Colorado filed their own lawsuit in the same court.”  Press release from the Office of Florida Attorney General Charlie Crist, “Crist Announces Settlement, Consumer Refunds in Hytrin Antitrust Case,” March 31, 2005, found at http://myfloridalegal.com/newsrel.nsf/newsreleases/E4208EAFF672805C85256... See also, “Consumers Eligible for Refunds in Hytrin Antitrust Settlement,” ConsumerAffairs.com, June 20, 2005, found at http://www.consumeraffairs.com/news04/2005/hytrin.html; In Re Terazosin Hydrochloride Antitrust Litigation, Master File No. 99-MDL-1317, S.D. Fla. (summary notice of pending class action proposed settlement and fairness hearing)(March 7, 2005), found at http://completeclaimsolutions.com/hytrin. 

[xi]  Press release from the Office of Illinois Attorney General Lisa Madigan, “Madigan Announces Distribution Of Antitrust Settlement Proceeds To Illinois Consumers,” April 10, 2007, found at http://www.ag.state.il.us/pressroom/2007_04/20070410.html; John O’Brien, “Settlement produces $1 million in Fla. Rebates,” LegalNewsline.com, March 28, 2007, found at http://legalnewsline.com/news/contentview.asp?c=192654; Press release from the Office of Attorney General Bill McCollum, “McCollum: Florida to Receive $1 Million in Rebates for Prescription Overpayment,” March 28, 2007, found at http://myfloridalegal.com/newsrel.nsf/newsreleases/B742C900C027414685257... “Remeron Refund Procedure Announced,” ConsumerAffairs.com, March 18, 2005, found at http://www.consumeraffairs.com/news04/2005/remeron_settlement.html; William McCall, “States Propose $36M Organon Settlement,” Associated Press, October 22, 2004, found at http://www.msnbc.msn.com/id/6309524; Press release from the Office of Oregon Attorney General Hardy Myers, “AG Announces $36 Million Proposed Settlement With Drug Maker Organon USA And Parent Company Akzo Nobel Concerning The Drug Remeron,” October 21, 2004, found at http://www.doj.state.or.us/releases/2004/rel102904.shtml. 

[xii]  Press release from the Office of Illinois Attorney General Lisa Madigan, “Madigan Announces Distribution Of Antitrust Settlement Proceeds To Illinois Consumers,” April 10, 2007, found at http://www.ag.state.il.us/pressroom/2007_04/20070410.html. 

[xiii]  Carolyn Said, “Mortgage Meltdown,” San Francisco Chronicle, February 3, 2008, found at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/03/BU9OUP1M8.DTL; Eileen Ambrose, “Lender, 49 states settle probe,” Baltimore Sun, January 24, 2006; Press release from the Office of Arizona Attorney General Terry Goddard, “Terry Goddard Announces Settlement with Ameriquest Lender to Pay $325 Million and Reform its Lending Practices,” January 23, 2006, found at www.azag.gov/press_releases/jan/2006/Ameriquest_release_arizona.pdf; Press release from the Office of Iowa Attorney General Tom Miller, “Miller: Ameriquest Will Pay $325 Million and Reform its Lending

Practices,” January 23, 2006, found at http://www.iowa.gov/government/ag/latest_news/releases/jan_2006/Amerique... Press release from the Office of Texas Attorney General Greg Abbott, “Attorney General Abbott Announces Sweeping $325 Million Settlement With Ameriquest Mortgage,” January 23, 2006, found at http://www.oag.state.tx.us/oagnews/release.php?id=1412; “Ameriquest Settles Multi-State Probe for $325 Million,” ConsumerAffairs.com, January 23, 2006, found at http://www.consumeraffairs.com/news04/2006/01/ameriquest_settles.html.

[xiv]  Press release from the Office of Arizona Attorney General Terry Goddard, “Terry Goddard Announces Settlement with Ameriquest Lender to Pay $325 Million and Reform its Lending Practices,” January 23, 2006, found at www.azag.gov/press_releases/jan/2006/Ameriquest_release_arizona.pdf; Press release from the Office of Iowa Attorney General Tom Miller, “Miller: Ameriquest Will Pay $325 Million and Reform its Lending Practices,” January 23, 2006, found at http://www.iowa.gov/government/ag/latest_news/releases/jan_2006/Amerique... “Ameriquest Settles Multi-State Probe for $325 Million,” ConsumerAffairs.com, January 23, 2006, found at http://www.consumeraffairs.com/news04/2006/01/ameriquest_settles.html.

[xv]  Press release from the Office of Arizona Attorney General Terry Goddard, “Terry Goddard Announces Settlement with Ameriquest Lender to Pay $325 Million and Reform its Lending Practices,” January 23, 2006, found at www.azag.gov/press_releases/jan/2006/Ameriquest_release_arizona.pdf; Press release from the Office of Iowa Attorney General Tom Miller, “Miller: Ameriquest Will Pay $325 Million and Reform its Lending Practices,” January 23, 2006, found at http://www.iowa.gov/government/ag/latest_news/releases/jan_2006/Amerique... Press release from the Office of Kentucky Attorney General Greg Stumbo, “Attorney General Stumbo Announces that Ameriquest Will Pay $325 Million and Reform its Lending Practices to Resolve States’ Investigations,” January 23, 2006, found at http://ag.ky.gov/NR/rdonlyres/4DF07235-E3BE-49DC-9DE7-67FEAC9C0770/0/Att... Settles Multi-State Probe for $325 Million,” ConsumerAffairs.com, January 23, 2006, found at http://www.consumeraffairs.com/news04/2006/01/ameriquest_settles.html.

[xvi]  “Wal-Mart to reduce lead levels in costume jewelry,” Mercury News, April 24, 2006; Press release from the Office of former California Attorney General Bill Lockyer, “Attorney General Lockyer Announces Court Approves Settlement With Wal-Mart To Reduce Lead In Costume Jewelry,” April 20, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1288; “Companies Will Reduce Lead in Costume Jewelry,” ConsumerAffairs.com, January 30, 2006, found at http://www.consumeraffairs.com/news04/2006/01/ca_lead_jewelry.html; Press release from the Office of  former California Attorney General Bill Lockyer, “Attorney General Lockyer Announces Settlement With Major U.S. Companies To Reduce Lead In Costume Jewelry,” January 27, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1258&year=2006&month=1.

[xvii]  “Wal-Mart to reduce lead levels in costume jewelry,” Mercury News, April 24, 2006; Press release from the Office of former California Attorney General Bill Lockyer, “Attorney General Lockyer Announces Court Approves Settlement With Wal-Mart To Reduce Lead In Costume Jewelry,” April 20, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1288; “Companies Will Reduce Lead in Costume Jewelry,” ConsumerAffairs.com, January 30, 2006, found at http://www.consumeraffairs.com/news04/2006/01/ca_lead_jewelry.html; Press release from the Office of  former California Attorney General Bill Lockyer, “Attorney General Lockyer Announces Settlement With Major U.S. Companies To Reduce Lead In Costume Jewelry,” January 27, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1258&year=2006&month=1.

[xviii]  Mark Huffman, “Payday Lenders Move Online, Try to Bypass State Laws,” ConsumerAffairs.com, November 20, 2006, http://www.consumeraffairs.com/news04/2006/11/wv_payday_lenders.html; George Hohmann, “Internet payday lenders targeted,” Charleston Daily Mail, November 7, 2006; Press release from the Office of West Virginia Attorney General Darrell McGraw, “McGraw Reaches Settlement With 18 Internet Payday Lenders,” November 6, 2006, found at http://www.wvago.gov/press.cfm?ID=15&fx=more. 

[xix]  Press release from the Office of West Virginia Attorney General Darrell McGraw, “McGraw Reaches Settlement With 18 Internet Payday Lenders,” November 6, 2006, found at http://www.wvago.gov/press.cfm?ID=15&fx=more. 

[xx]  Michele Chandler, “‘Free’ trial memberships may be deceptive,” Mercury News, December 12, 2006; Karen Gullo, “Chase, Trilegiant settle claims they misled consumers,” The Record, December 12, 2006; Rob Luke, “State A-Gs big winners in Chase/Trilegiant settlement,” LegalNewsline.com, December 11, 2006, found at http://legalnewsline.com/news/contentview.asp?c=187665; Press release from the Office of  Missouri Attorney General Jay Nixon, “Missourians to receive full restitution, plus $150,000 from Chase Bank and Trilegiant in nationwide agreement,” December 11, 2006, found at http://ago.mo.gov/newsreleases/2006/121106c.htm; “Trilegiant, Chase settle charges of deceptive marketing,” Associated Press, December 11, 2006; Kathy M. Kristof, “California; State Sues Over Memberships,” Los Angeles Times, July 13, 2005. Press release from the Office of then-California Attorney General Bill Lockyer, “Attorney General Lockyer Announces $14.5 Million, Multi-State Settlement with Chase Bank and Trilegiant to Resolve Allegations of Deceptive Practices Related to Membership Plans,” December 11, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1396&PHPSESSID=7370b63d611a4e...

[xxi]  Michele Chandler, “‘Free’ trial memberships may be deceptive,” Mercury News, December 12, 2006; Karen Gullo, “Chase, Trilegiant settle claims they misled consumers,” The Record, December 12, 2006; Rob Luke, “State A-Gs big winners in Chase/Trilegiant settlement,” LegalNewsline.com, December 11, 2006, found at http://legalnewsline.com/news/contentview.asp?c=187665; Press release from the Office of  Missouri Attorney General Jay Nixon, “Missourians to receive full restitution, plus $150,000 from Chase Bank and Trilegiant in nationwide agreement,” December 11, 2006, found at http://ago.mo.gov/newsreleases/2006/121106c.htm; “Trilegiant, Chase settle charges of deceptive marketing,” Associated Press, December 11, 2006.

[xxii]  People of the State of California v. Chase Bank USA, Case no. GIC850483, San Diego County Sup. Ct., Cal. ([proposed] permanent injunction and final judgment), found at http://ag.ca.gov/newsalerts/release.php?id=1396&PHPSESSID=7370b63d611a4e... People of the State of California v. Trilegiant, Case no. GIC850483, San Diego County Sup. Ct., Cal. ([proposed] permanent injunction and final judgment), found at http://ag.ca.gov/newsalerts/release.php?id=1396&PHPSESSID=7370b63d611a4e... See also, Press release from the Office of former California Attorney General Bill Lockyer, “Attorney General Lockyer Announces $14.5 Million, Multi-State Settlement with Chase Bank and Trilegiant to Resolve Allegations of Deceptive Practices Related to Membership Plans,” December 11, 2006, found at http://ag.ca.gov/newsalerts/release.php?id=1396&PHPSESSID=7370b63d611a4e... Press release from the Office of Oregon Attorney General Hardy Myers, “AG Files $14.5 Million Settlement With Chase Bank & Trilegiant Corporation For Deceptive Marketing Practices,” December 11, 2006, found at http://www.doj.state.or.us/releases/2006/rel121206.shtml.

[xxiii]  Frank Geary, “Judges sealed four lawsuits involving drug company,” Las Vegas Review-Journal, February 13, 2007, found at http://www.reviewjournal.com/lvrj_home/2007/Feb-13-Tue- 2007/news/12088672.html; Joyce Gannon, “Bayer settles Baycol charges with 30 states,” Pittsburgh Post- Gazette, January 24, 2007; Press release from the Office of Kansas Attorney General Paul J. Morrison, “Attorney General Morrison announces 30-state settlement with Bayer Corporation,” January 24, 2007, found at http://www.ksag.org/content/page/id/78; Press release from the Office of Kentucky Attorney General Greg Stumbo, “Attorney General Greg Stumbo Announces 30-State Settlement with Bayer Corporation,” January 24, 2007, found at http://ag.ky.gov/news/baycolsettlement.htm; “Md. AG Announces 30-State Settlement with Bayer Corp. Over Baycol,” Southern Maryland Headline News, January 23, 2007, found at http://somd.com/news/headlines/2007/5245.shtml. 

[xxiv]  State of Oregon v. Bayer Corp., Case No. 07C11014, Marion County Cir. Ct., Ore. (stipulated general judgment, filed January 23, 2007), found at http://www.doj.state.or.us/releases/2007/rel012307.shtml. 

[xxv]  T.W. Budig, “Lawsuit against Allianz Insurance Company could impact over 7,000 Minnesota senior citizens,” HometownSource.com, October 9, 2007, found at http://hometownsource.com/index.php?option=com_content&task=view&id=2717... Rob Luke, “Minn. AG nabs $500K from annuities-suit deal – UPDATE,” LegalNewsline, October 9, 2007, found at http://www.legalnewsline.com/news/202305-minn.-ag-nabs-500k-from-annuiti... “Minnesota Settles Annuity Suit,” Washington Post, October 9, 2007, found at http://www.washingtonpost.com/wp-dyn/content/article/2007/10/08/AR200710... “Minnesota AG Swanson Settles With Allianz Life,” Associated Press, October 8, 2007, found at http://www.wcco.com/local/lori.swanson.lawsuit.2.370735.html; Press release from the Office of Minnesota Attorney General Lori Swanson, “Attorney General Swanson Settles Suit Against Allianz,” October 8, 2007, found at http://www.ag.state.mn.us/Consumer/PressRelease/071008AllianzSettlement.... “Minnesota Charges Allianz Life Sold Unsuitable Annuities to Seniors,” ConsumerAffairs.com, January 22, 2007, found at http://www.consumeraffairs.com/news04/2007/01/mn_allianz.html; Press release from the Office of  Minnesota Attorney General Lori Swanson, January 9, 2007, found at http://www.ag.state.mn.us/Consumer/PressRelease/AllianzSnnuities.asp.  

[xxvi]  State of Minnesota v. Allianz Life Insurance Company of North America, Court file no. 27-CV-07-581, Hennepin County Ct., Minn. (consent judgment entered October 8, 2007), found at http://www.kare11.com/pdf/AllianzConsentJudgment.pdf.  See also, T.W. Budig, “Lawsuit against Allianz Insurance Company could impact over 7,000 Minnesota senior citizens,” HometownSource.com, October 9, 2007, found at http://hometownsource.com/index.php?option=com_content&task=view&id=2717... John Croman, “Allianz Life settles with state of annuity sales,” KARE11 TV, October 9, 2007, found at http://www.kare11.com/news/news_article.aspx?storyid=266902; Press release from the Office of  Minnesota Attorney General Lori Swanson, “Attorney General Swanson Settles Suit Against Allianz,” October 8, 2007, found at http://www.ag.state.mn.us/Consumer/PressRelease/071008AllianzSettlement.asp.

[xxvii]  Press release from the Office of Illinois Attorney General Lisa Madigan, “Madigan Reaches Landmark $62 Settlement with Eli Lilly,” October 7, 2008, found at http://illinoisattorneygeneral.gov/pressroom/2008_10/20081007.html; Press release from the Office of Texas Attorney General Greg Abbott, “Texas, 33 States Reach Landmark $62 Million Settlement with Eli Lilly & Co.,” October 7, 2008, found at https://www.oag.state.tx.us/oagnews/release.php?id=2682.

[xxviii]  See, e.g., Press release from the Office of Illinois Attorney General Lisa Madigan, “Madigan Reaches Landmark $62 Settlement with Eli Lilly,” October 7, 2008, found at http://illinoisattorneygeneral.gov/pressroom/2008_10/20081007.html; State of Tennessee v. Eli Lilly & Co. (Agreed Final Judgment, dated October 7, 2008), found at http://www.tn.gov/attorneygeneral/cases/elililly/lillyafj.pdf; State of Texas v. Eli Lilly and Company (Final Judgment and Agreed Permanent Injunction, dated October 3, 2008), found at https://www.oag.state.tx.us/newspubs/releases/2008/100108elililly_afj.pdf.

[xxix]  “Lilly’s $62 million Zyprexa settlement imposes sweeping new mandates by state Attorneys General,” RxReport, October 16, 2008, found at www.disclosuresummit.com/documents/RxComp1016.pdf; Press release from the Office of Illinois Attorney General Lisa Madigan, “Madigan Reaches Landmark $62 Settlement with Eli Lilly,” October 7, 2008, found at http://illinoisattorneygeneral.gov/pressroom/2008_10/20081007.html.

[xxx]  Press release from the Office of South Carolina Attorney General Henry McMaster, “$45 Million Eli Lilly Settlement Nation’s Largest,” October 23, 2009.

[xxxi]  Press release from the Office of South Carolina Attorney General Henry McMaster, “$45 Million Eli Lilly Settlement Nation’s Largest,” October 23, 2009.

[xxxii]  Press release from the Office of Louisiana Attorney General, “Attorney General Caldwell Announces $20 Million Settlement with Pharmaceutical Company,” April 8, 2010, found at http://wwwprd.doa.louisiana.gov/LaNews/PublicPages/Dsp_PressRelease_Disp... “Louisiana gets $20M in Lilly drug settlement,” Associated Press, April 7, 2010, found at http://www.ibj.com/louisiana-gets-20m-in-lilly-drug-settlement/PARAMS/ar....

[xxxiii]  Press release from the Office of Louisiana Attorney General, “Attorney General Caldwell Announces $20 Million Settlement with Pharmaceutical Company,” April 8, 2010, found at http://wwwprd.doa.louisiana.gov/LaNews/PublicPages/Dsp_PressRelease_Disp... For additional examples of State Attorneys General/private attorney Zyprexa settlements, see, e.g., Press release from the Office of Arkansas Attorney General Dustin McDaniel, “McDaniel Announces Record Settlement with Pharmaceutcial Company,” February 16, 2010, found at http://ag.arkansas.gov/newsroom/index.php?do:newsDetail=1&news_id=293; Cathy McKitrick, “Utah snags $24M in drug settlement,” Salt Lake Tribune, November 11, 2009; John O’Brien, “Eli Lilly paying $13M to Idaho in Zyprexa case,” Legal Newsline, October 20, 2009, found at http://www.legalnewsline.com/news/223533-eli-lilly-paying-13m-to-idaho-i....

[xxxiv]  Office of Ohio Attorney General Richard Cordray, “Securities Litigation Portfolio,” August 31, 2010, found at http://www.ohioattorneygeneral.gov/Briefing-Room/Litigation-Pages/Securi...(2).

[xxxv]  Barrack, Rodos & Bacine, “Ohio AG Cordray and Investors Agree to $475 million settlement of Merrill Lynch class action,” January 16, 2009, found at http://www.barrack.com/Ohio-AG-Cordray-and-Investors-Agree-to-475-millio....

[xxxvi]  Office of Ohio Attorney General Richard Cordray, “$400 Million Settlement in Marsh & McLennan Case,” November 13, 2009, found at https://www.opers.org/News/2009/11.shtml.

[xxxvii]  Ibid.

[xxxviii]  Office of Ohio Attorney General Richard Cordray, “Securities Litigation Portfolio,” August 31, 2010, found at http://www.ohioattorneygeneral.gov/Briefing-Room/Litigation-Pages/Securi...(2).

[xxxix]  Office of Ohio Attorney General Richard Cordray, “Securities Litigation Portfolio,” August 31, 2010, found at http://www.ohioattorneygeneral.gov/Briefing-Room/Litigation-Pages/Securi...(2); “AIG in $725 million securities fraud settlement,” Reuters, July 16, 2010, found at http://archive.chicagobreakingbusiness.com/2010/07/aig-in-725-million-se....

[xl]  Labaton Sucharow LLP, “In re American International Group, Inc. Securities Litigation” (viewed January 25, 2012), found at http://www.labaton.com/en/cases/In-re-American-International-Group-Inc-S....

[xli]  Labaton Sucharow LLP, “In re American International Group, Inc. Securities Litigation” (viewed January 25, 2012), found at http://www.labaton.com/en/cases/In-re-American-International-Group-Inc-S....

[xlii]  John Ribeiro, “US States Settle Price-fixing Claims With LCD Makers,” IDG News, Dec 29, 2011, found at http://www.pcworld.com/businesscenter/article/247089/us_states_settle_pr... Office of Florida Attorney General Pam Bondi, “Attorney General Bondi’s Office Reaches $538.5 Million Multi-State and Class Action Settlement with Manufacturers of TFT-LCD Panels,” December 27, 2011, found at http://www.myfloridalegal.com/newsrel.nsf/newsreleases/0C1D1134733266278... Press release from the Office of New York Attorney General Eric Schneiderman, “Multistate Anti-Trust Investigation Finds Tech Corporations Artificially Inflated Prices For LCD Screens Used In TVs, Computer Monitors & Laptops,” December 27, 2011, found at http://www.ag.ny.gov/media_center/2011/dec/dec27a_11.html.

[xliii]  Press release from the Office of New York Attorney General Eric Schneiderman, “Multistate Anti-Trust Investigation Finds Tech Corporations Artificially Inflated Prices For LCD Screens Used In TVs, Computer Monitors & Laptops,” December 27, 2011, found at http://www.ag.ny.gov/media_center/2011/dec/dec27a_11.html.

[xliv]  Jef Feeley, Margaret Cronin Fisk and David Voreacos, “J&J to Pay $158M to Settle Texas Drug Case,” Bloomberg, January 19, 2011, found at http://www.bloomberg.com/news/2012-01-19/johnson-johnson-to-pay-158-mill... “J. & J. to Pay $158 Million to End Suit Filed by Texas,” Reuters, January 19, 2011, found at http://www.nytimes.com/2012/01/20/business/johnson-johnson-settles-rispe... Press release from Texas Attorney General Greg Abbott,  “Texas Attorney General Secures $158 Million Agreement With Drug Maker Over Medicaid Fraud Allegations,” January 19, 2011, found at https://www.oag.state.tx.us/oagNews/release.php?id=3956.

[xlv]  Press release from Texas Attorney General Greg Abbott,  “Texas Attorney General Secures $158 Million Agreement With Drug Maker Over Medicaid Fraud Allegations,” January 19, 2011, found at https://www.oag.state.tx.us/oagNews/release.php?id=3956;

[xlvi]  Jef Feeley, Margaret Cronin Fisk and David Voreacos, “J&J to Pay $158M to Settle Texas Drug Case,” Bloomberg, January 19, 2011, found at http://www.bloomberg.com/news/2012-01-19/johnson-johnson-to-pay-158-mill... “J. & J. to Pay $158 Million to End Suit Filed by Texas,” Reuters, January 19, 2011, found at http://www.nytimes.com/2012/01/20/business/johnson-johnson-settles-rispe....

 

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