Pepper has been in the forefront of vigorously and successfully defending and resolving attorney general actions under consumer protection, unfair trade practices, and/or Medicaid fraud statutes seeking civil penalties, restitution and injunctive relief. The claims are pursued by executive committees of multi-state attorney general groups, on behalf of Medicaid Fraud Control Units, by individual states, and by privately retained, contingent counsel representing states and counties.
Pepper has significant experience in multi-state attorney general investigations concerning a range of topics including GMP, product recalls, alleged failure to disclose risk information, and sales and marketing promotional practices.
We have defended individual AG actions brought by the states of Alaska, Arkansas, California Connecticut, Idaho, Louisiana, Maryland, Mississippi, Montana, New Mexico, Pennsylvania, South Carolina, Utah and West Virginia. We also have attacked the use of contingent fee agreements to bring these enforcement actions on federal and state constitutional grounds.
We have also successfully argued for federal jurisdiction over such actions, (see e.g. State of Louisiana, ex rel. Charles C. Foti, Jr. v. Eli Lilly and Co., 375 F. Supp. 2d 170 (E.D.N.Y. 2005), and developed creative grounds for obtaining summary judgment, (see e.g. Hood v. Eli Lilly & Co., 671 F. Supp. 2d 397 (E.D. N.Y. 2009) and Caldwell v. GlaxoSmithKline, No. 599353, 19th Judicial District, Louisiana (April 23, 2013). Pepper also has defended another form of government enforcement action seeking restitution and civil penalties (see County of Santa Clara v. GlaxoSmithKline, 2011 U.S. Dist. LEXIS 124458 (E.D. Pa. Oct. 26, 2011) (granting motion to dismiss in part).
Additional examples of our experience include: