AG Multistate Lawsuit and Settlement Dataset (Updated To 2013)

Case # Focus Year
Date
Resolved
Case Type
(General)
Case Type (Specific) Litigation Campaign Target # of AGs
1 National 1980 1980 Antitrust Price-Fixing Industry 9
2 Regional 1980 6/30/1980 Environmental Air Pollution Control NAAQS Requirements Government 8
3 Regional 1981 1981 Antitrust
Price-Fixing; Market
Allocation Agreement
Industry 6
4 Regional 1981 4/21/1981 Environmental Water Pollution Control Water Pollution Control Government 7
5 Regional 1981 8/4/1981 Environmental Air Pollution Control
Air Pollution Conflict
Between Downwind and
Upwind States
Government 2
6 Regional 1983 3/25/1983 Consumer Marketing and Advertising
Deceptive Claims For
Consumer Products
Industry 2
7 Regional 1983 4/15/1983 Antitrust Price-Fixing; Tying Industry 6
Climate Change, Smog,
and Acid Rain
Government 4
and Acid Rain
Government 7
10 National 1985 8/20/1985 Antitrust Other Government 4
11 National 1985 9/9/1985 Consumer Other Annuities Industry 49
12 National 1986 7/8/1986 Consumer Marketing and Advertising Nutritional Marketing Industry 9
13 National 1986 8/7/1986 Environmental Air Pollution Control
Air Pollution Control From
Stationary Sources
Government 5
14 National 1986 8/20/1986 Antitrust Resale Price Maintenance
Antitrust Actions Against
Japanese Companies
Industry 49
and Acid Rain
Government 7
16 National 1987 2/19/1987 Consumer
Unauthorized Fees or Service
Cancellation Issues
Auto Repair Practices Industry 14
17 National 1987 7/17/1987 Environmental Nuclear Waste Disposal Nuclear Waste Disposal Government 5
Cancellation Issues
Automobile Odometer
Rollbacks
Industry 49
and Acid Rain
Government 8
20 Regional 1988 3/17/1988 Antitrust Merger Review
Merger Review in the
Retail Trade Industry
Industry 3
and Acid Rain
Government 6
Cancellation Issues
Auto Repair Practices Industry
23 National 1989 1/16/1989 Antitrust
Price-Fixing; Resale Price
Maintenance
Japanese Companies
Industry 50
24 Regional 1989 2/8/1989 Consumer Marketing and Advertising Industry 5
and Acid Rain
Government 7
26 National 1989 3/23/1989 Consumer Defective Products Industry 7
Cancellation Issues
29 Regional 1989 5/18/1989 Environmental Air Pollution Control Regional Haze Rule Government 7
30 Regional 1989 6/3/1989 Consumer
Cancellation Issues
Industry 3
33 Regional 1990 1/10/1990 Environmental Air Pollution Control Government 5
34 National 1990 2/7/1990 Consumer Marketing and Advertising
Consumer Products
Industry 9
and Acid Rain
Government 4
38 National 1990 5/8/1990 Antitrust Merger Review Industry 14
39 Regional 1990 5/31/1990 Consumer Marketing and Advertising Nutritional Marketing Industry 3
and Acid Rain
Government 9
43 Regional 1990 9/26/1990 Antitrust Price-Fixing
Enforcement Actions
Involving Excessive Energy
Prices
Industry 2
Environmental Marketing
Task Force
Industry 10
45 National 1991 1/11/1991 Consumer Marketing and Advertising Sweepstakes Marketing Industry 10
47 Regional 1991 3/20/1991 Environmental Water Pollution Control Water Pollution Control Industry 2
Price-Fixing; Vertical Non-
Price Restraint; Resale Price
Maintenance
Japanese Companies
Industry 52
Maintenance
Japanese Companies
Industry 52
Task Force
Industry 6
Task Force
Industry 10
Task Force
Industry 10
54 National 1991 9/25/1991 Consumer Marketing and Advertising Junk Bond Sales Industry 7
Task Force
Industry 10
Task Force
Industry 10
58 National 1991 12/11/1991 Consumer Customer Information Customer Credit Reports Industry 19
59 National 1992 1/2/1992 Consumer Marketing and Advertising Pyramid Schemes Industry 5
Enforcement Actions
Prices
Industry 4
Cancellation Issues
Lender Escrow Practices Industry 12
Task Force
Industry 10
Enforcement Actions
Prices
Industry 4
Cancellation Issues
Slamming, Cramming, and
Long-Distance Telephone
Rate Practices
Industry 46
Stationary Sources
Government 2
Cancellation Issues
Monopolization; Price-Fixing;
Tying
Billing for Unnecessary
Laboratory Tests
Industry 33
Task Force
Industry 32
Consumer Products
Industry 13
75 Regional 1992 12/1992 Environmental Superfund Industry 2
76 National 1992 12/18/1992 Health Care
Billing Practices Involving
Government Health Care
Programs
Laboratory Tests
Industry
Consumer Products
Industry 2
Enforcement Actions
Prices
Industry 4
79 National 1993 2/8/1993 Consumer Lending Practices Lender Escrow Practices Industry 26
Disclosure of Health Risks
in Pharmaceutical
Marketing
Industry 11
Task Force
Industry 10
82 National 1993 3/29/1993 Environmental Environmental Bankruptcy
Environmental Claims
Arising From Bankruptcy
Industry 31
85 National 1993 6/9/1993 Antitrust Monopolization Cable TV Task Force Industry 38
in Pharmaceutical
Marketing
Industry 12
in Pharmaceutical
Marketing
Industry 33
89 National 1993 7/20/1993 Environmental Superfund Government 9
90 Regional 1993 7/21/1993 Health Care Other Industry 2
92 National 1993 9/8/1993 Consumer Other
Other Pharmaceutical
Marketing Practices
Industry 5
Maintenance
Price-Fixing in the
Footwear Industry
Industry 51
94 National 1993 10/13/1993 Consumer Marketing and Advertising Junk Bond Sales Industry 5
Task Force
Industry 24
Task Force
Industry 10
Marketing Practices
Industry 11
Deceptive Claims About
Hearing Aids
Industry 24
Kickbacks for Pharmaceutical
Referral
Industry 1
Marketing Practices
Industry 8
Deceptive Marketing
Techniques for Consumer
Services
Industry 21
Horizontal Non-Price
Restraint; Vertical Non-Price
Restraint
Industry 19
106 National 1994 10/11/1994 Antitrust Price-Fixing Industry 56
107 National 1994 12/1/1994 Antitrust Merger Review
Waste Hauling Industry
Industry 2
Maintenance
Price-Fixing in the
Footwear Industry
Industry 53
110 National 1995 6/1995 Consumer Marketing and Advertising Telemarketing Fraud Industry 9
Referral
Industry 51
Marketing Practices
Industry 17
113 Regional 1996 1/6/1996 Health Care
Referral
Industry 3
Supermarket Industry
Industry 2
Consumer Products
Industry 2
Consumer Products
Industry 4
118 National 1996 6/26/1996 Consumer Marketing and Advertising Industry 8
Industry 3
121 National 1996 7/17/1996 Antitrust Price-Fixing Industry 3
Hearing Aids
Industry 17
Consumer Products
Industry 14
Industry 2
125 National 1996 9/1996 Consumer Marketing and Advertising
Task Force
Industry 11
Deceptive Computer
Repackaging
Industry 21
Zero Interest
Advertisements
Industry 12
128 National 1996 10/1996 Consumer
Cancellation Issues
Rate Practices
Industry 4
Cancellation Issues
Rate Practices
Industry 7
Consumer Products
Industry 3
Marketing Practices
Industry 19
Programs
Laboratory Tests
Industry
Zero Interest
Advertisements
Industry 21
Deceptive Computer
Repackaging
Industry 22
Cancellation Issues
America Online Task
Force
Industry 20
Zero Interest
Advertisements
Industry 18
Zero Interest
Advertisements
Industry 24
Cancellation Issues
America Online Task
Force
Industry 40
Maintenance
Industry 52
Deceptive Marketing
Services
Industry 6
141 Regional 1997 2/12/1997 Antitrust
Restraint; Price-Fixing
Industry 3
Programs
Laboratory Tests
Industry
143 National 1997 3/11/1997 Environmental Air Pollution Control NAAQS Requirements Government
144 National 1997 3/20/1997 Consumer Tobacco
Preventing Tobacco Sales
to Minors
Industry 22
Deceptive Computer
Repackaging
Industry 20
147 National 1997 5/12/1997 Antitrust Boycott; Price-Fixing Contact Lens Industry Industry 26
148 Regional 1997 6/1997 Consumer Marketing and Advertising Industry 4
149 National 1997 6/4/1997 Consumer Debt Collection Practices Debt Collection Practices Industry 56
150 National 1997 6/13/1997 Consumer Marketing and Advertising Telemarketing Fraud Industry 5
Maintenance
Industry 50
Zero Interest
Advertisements
Industry 15
155 National 1997 9/12/1997 Consumer Customer Information Sweepstakes Marketing Industry 6
157 National 1997 10/2/1997 Consumer Defective Products Nestle Magic Recall Industry 10
Maintenance
Industry 8
159 National 1997 11/14/1997 Environmental Nuclear Waste Disposal Nuclear Waste Disposal Government 21
Merger Review in the Oil
Industry
Industry 4
Cancellation Issues
Rate Practices
Industry 11
Consumer Products
Industry 9
and Acid Rain
Government 2
Marketing in the Direct
Broadcast Satellite
Industry
Industry 31
and Acid Rain
Government 8
Consumer Products
Industry 5
Merger Review;
Monopolization
Industry 2
171 Regional 1998 5/1998 Health Care
Programs
Laboratory Tests
Industry 5
172 Regional 1998 5/6/1998 Consumer Tobacco
to Minors
Industry 3
Cancellation Issues
America Online Task
Force
Industry 44
Cancellation Issues
Rate Practices
Industry 4
Consumer Products
Industry 36
Industry 13
Cancellation Issues
Rate Practices
Industry 4
Cancellation Issues
Rate Practices
Industry 19
182 Regional 1998 10/5/1998 Consumer Marketing and Advertising Telemarketing Fraud Industry 4
to Minors
Industry 52
Consumer Products
Industry 12
Industry
Industry 3
Industry 3
Cancellation Issues
Rate Practices
Industry 15
192 National 1999 3/12/1999 Consumer Defective Products Nestle Magic Recall Industry 13
Consumer Products
Industry 10
Industry 2
Task Force
Industry 11
Restraint; Monopolization;
Price-Fixing
Industry 46
Protection of Customer
Information
Industry 6
Industry 3
Consumer Products
Industry 6
in Pharmaceutical
Marketing
Industry 37
Zero Interest
Advertisements
Industry 24
Cancellation Issues
Rate Practices
Industry 24
Industry
Industry 16
in Pharmaceutical
Marketing
Industry 2
Air Pollution Conflict
Between Downwind and
Upwind States
Government 9
Maintenance
Price-Fixing in the
Footwear Industry
Industry 56
210 National 2000 3/17/2000 Consumer Defective Products
Public Health Products
Liability
Industry 2
211 Regional 2000 4/2000 Consumer
Cancellation Issues
Rate Practices
Industry 2
Industry
Industry 3
215 Regional 2000 6/8/2000 Antitrust Price-Fixing Industry 3
216 National 2000 7/12/2000 Antitrust Price-Fixing; Monopolization
Restricting Consumer
Access to Generic Drugs
Industry 33
Cancellation Issues
Industry 18
Consumer Products
Industry 12
221 National 2000 9/22/2000 Consumer Customer Information
Information
Industry 39
223 National 2000 10/10/2000 Antitrust Price-Fixing
Vitamin Price Fixing
Investigation
Industry 23
224 National 2000 10/16/2000 Consumer Defective Products SUV Rollover Accidents Industry 49
Consumer Products
Industry 10
Programs
Laboratory Tests
Industry
Hearing Aids
Industry 15
Information
Industry 39
Average Wholesale Price
Fraud
Industry
230 National 2001 1/24/2001 Consumer Defective Products StarLink Corn Industry 17
235 National 2001 4/2001 Consumer Marketing and Advertising Telemarketing Fraud Industry 2
Stationary Sources
Industry 2
and Acid Rain
Government 8
and Acid Rain
Government 6
241 National 2001 7/17/2001 Consumer Defective Products StarLink Corn Industry 17
Medicaid Prescription
Shorting Fraud
Industry 21
Industry
Industry 12
Cancellation Issues
Industry 8
Fraud
Industry 51
Cancellation Issues
Information
Industry 30
247 National 2001 11/2/2001 Antitrust Monopolization; Tying
Microsoft Antitrust
Litigation
Industry 19
Information
Industry 10
Industry
Industry 2
Industry 6
Consumer Products
Industry 6
Redemption of Gift
Certificates
Industry 5
Hearing Aids
Industry 15
to Minors
Industry 40
Cancellation Issues
Rate Practices
Industry 24
258 National 2002 3/22/2002 Consumer Lending Practices Predatory Lending Industry 6
and Acid Rain
Government 2
Tobacco MSA
Enforcement
Industry 52
Mobile Sources
Government 7
262 Regional 2002 5/24/2002 Environmental Air Pollution Control Regional Haze Rule Government 3
Programs
Laboratory Tests
Industry 18
Programs
Laboratory Tests
Industry 22
Information
Industry 8
to Minors
Industry 46
Cancellation Issues
Telemarketing Fraud Industry 3
Information
Industry 10
Information
Industry 3
Industry
Industry 10
271 National 2002 9/2002 Consumer Customer Information
Information
Industry 17
Resale Price Maintenance;
Vertical Non-Price Restraint
Industry 49
Maintenance
Industry 42
Cancellation Issues
Consumer Products
Industry 7
277 National 2002 10/28/2002 Health Care Medicaid Best Price Fraud Industry 48
Cancellation Issues
Western Energy Crisis
(2000)
Industry 3
to Minors
Industry 39
Industry 2
Shorting Fraud
Industry 19
286 National 2003 1/27/2003 Antitrust Market Allocation Agreement Industry 2
287 National 2003 1/28/2003 Antitrust Price-Fixing; Monopolization
Industry 52
288 National 2003 3/7/2003 Antitrust Monopolization
Industry 37
289 Regional 2003 3/21/2003 Antitrust
Market Allocation
Agreement; Monopolization;
Price-Fixing
(2000)
Industry 4
290 Regional 2003 3/28/2003 Consumer Other
Redemption of Gift
Certificates
Industry 3
Stationary Sources
Industry 11
and Acid Rain
Industry 5
Restraint; Monopolization
Industry 56
Mobile Sources
Government 2
Cancellation Issues
Consumer Products
Industry 42
Public Health Products
Liability
Industry 50
Cancellation Issues
Broadcast Satellite
Industry
Industry 13
Tobacco MSA
Enforcement
Industry 52
Fraud
Industry 51
304 National 2003 6/26/2003 Health Care Other Industry 51
to Minors
Industry 43
Cancellation Issues
Rate Practices
Industry
Stationary Sources
Industry 3
to Minors
Industry 52
310 Regional 2004 7/29/2003 Consumer Tobacco
to Minors
Industry 4
and Acid Rain
Government 2
312 National 2004 4/24/2004 Antitrust Bid-Rigging Industry 3
Pharmacy Benefit
Managers
Industry 20
314 National 2004 5/13/2004 Health Care Off-Label Marketing Industry 50
Off-Label Marketing of
Pharmaceuticals
Industry 50
Cancellation Issues
Rate Practices
Industry 10
Cancellation Issues
Industry 37
Shorting Fraud
Industry 29
Shorting Fraud
Industry 50
320 Regional 2004 7/6/2004 Environmental Air Pollution Control Ozone Government 2
and Acid Rain
Industry 3
Cancellation Issues
(2000)
Industry 3
Cancellation Issues
Rate Practices
Industry 32
Price-Fixing; Market
Allocation Agreement
Industry 51
to Minors
Industry 21
Stationary Sources
Industry 2
Tobacco MSA
Enforcement
Industry 3
Use of Fax Machines for
Advertisements
Industry 2
Industry 56
Cancellation Issues
in Pharmaceutical
Marketing
Industry 8
Cancellation Issues
NorVergence Bankruptcy Industry 15
336 National 2005 2005 Antitrust Price-Fixing Industry 6
337 National 2005 1/10/2005 Consumer Other Industry 50
Information
Industry 42
Cancellation Issues
Rate Practices
Industry
Stationary Sources
Industry 3
341 National 2005 2/2005 Antitrust Monopolization
Industry 56
342 National 2005 3/3/2005 Antitrust Monopolization Industry 1
Bid-Rigging; Market
Allocation Agreement; Other
Contingent Commissions Industry 3
Market Allocation
Agreement; Monopolization
Industry 3
345 National 2005 3/17/2005 Consumer Tobacco Internet Sales of Tobacco Industry 10
and Acid Rain
Industry 3
Cancellation Issues
Industry 47
348 National 2005 4/9/2005 Antitrust Bid-Rigging Contingent Commissions Industry 2
Cancellation Issues
Cancellation Issues
to Minors
Industry 52
and Acid Rain
Government 15
Cancellation Issues
(2000)
Industry 3
to Minors
Industry 41
Cancellation Issues
Cancellation Issues
(2000)
Industry 3
357 Regional 2005 8/30/2005 Antitrust Merger Review Industry 5
Stationary Sources
Industry 10
Fraud
Industry 50
362 National 2005 10/13/2005 Consumer Internet Internet Safety Industry 2
Stationary Sources
Industry 3
Cancellation Issues
366 National 2005 11/3/2005 Consumer Other Fraudulent Wire Transfers Industry 5
Cancellation Issues
to Minors
Industry 40
Cancellation Issues
Broadcast Satellite
Industry
Industry 22
Cancellation Issues
Cancellation Issues
Opt-Out Billing Practices Industry 17
to Minors
Industry 44
and Acid Rain
Government 15
Preventing Alcohol Sales
to Minors
Industry 2
Cancellation Issues
Industry 51
Industry 50
Cancellation Issues
Rate Practices
Industry 28
385 National 2006 5/2006 Consumer Tobacco
to Minors
Industry 28
Stationary Sources
Industry 2
388 Regional 2006 5/10/2006 Antitrust Bid-Rigging Contingent Commissions Industry 2
Deceptive Marketing
Services
Industry 18
Fraud
Industry 6
Cancellation Issues
Cancellation Issues
Industry 28
Cancellation Issues
Tobacco MSA
Enforcement
Industry 40
Cancellation Issues
Industry 18
Programs
Industry
401 National 2006 10/24/2006 Consumer Tobacco Reducing Smoking in Films Industry 41
and Acid Rain
Government 14
Medicaid Fraud Drug
Switching
Industry 43
Cancellation Issues
Cancellation Issues
Rate Practices
Industry 34
Cancellation Issues
Rate Practices
Industry 6
Tobacco MSA
Enforcement
Industry 52
in Pharmaceutical
Marketing
Industry 30
411 National 2007 1/25/2007 Antitrust Other Industry 2
Cancellation Issues
DRAM Price-Fixing
Investigation
Industry 37
and Acid Rain
Government 14
415 National 2007 4/23/2007 Consumer Lending Practices Student Loan Practices Industry 3
Preventing Alcohol Sales
to Minors
Industry 36
Pharmaceuticals
Industry 27
420 National 2007 5/10/2007 Consumer Tobacco Reducing Smoking in Films Industry 25
and Acid Rain
Government 7
Industry 35
Information
Industry 43
426 National 2007 6/20/2007 Antitrust Monopolization; Tying
Microsoft Antitrust
Litigation
Industry 7
Cancellation Issues
Stationary Sources
Industry 2
429 National 2007 7/23/2007 Antitrust Other Market Timing Industry 3
with Pharmaceuticals
Industry 36
and Acid Rain
Industry 8
to Minors
Industry 42
434 National 2007 10/29/2007 Antitrust Bid-Rigging; Price-Fixing Contingent Commissions Industry 9
Tobacco MSA
Enforcement
Industry 8
437 National 2007 12/31/2007 Antitrust Bid-Rigging; Other Contingent Commissions Industry 10
Bid-Rigging; Market
Allocation Agreement; Price-
Fixing
Contingent Commissions Industry 10
and Acid Rain
Government 16
Fraud
Industry
Pharmacy Benefit
Managers
Industry 29
Cancellation Issues
Industry 35
Medicaid Fraud Drug
Switching
Industry 24
448 National 2008 3/25/2008 Antitrust Resale Price Maintenance Industry 3
Cancellation Issues
in Pharmaceutical
Marketing
Industry 30
Pharmacy Benefit
Managers
Industry 29
Medicaid Fraud Drug
Switching
Industry 42
454 National 2008 6/11/2008 Environmental Water Pollution Control Water Pollution Control Industry 7
Consumer Products
Industry 18
456 National 2008 6/27/2008 Consumer Marketing and Advertising Alcoholic Energy Drinks Industry 11
Medicaid Best Price Fraud;
Off-Label Marketing;
Kickbacks; Average
Wholesale Price Fraud
Industry 30
460 National 2008 7/23/2008 Environmental Water Pollution Control Water Pollution Control Government 5
and Acid Rain
Government 12
Pharmaceuticals
Industry 33
to Minors
Industry 47
Pharmaceuticals
Industry 34
Information
Industry 37
Cancellation Issues
Industry 7
473 Regional 2008 12/9/2008 Consumer Lending Practices Student Loan Practices Industry 2
Consumer Products
Industry 33
Chinese Lead Toy
Investigation
Industry 38
476 National 2008 12/18/2008 Consumer Marketing and Advertising Alcoholic Energy Drinks Industry 13
477 National 2008 12/23/2008 Antitrust Market Allocation Agreement
Industry 54
Tobacco MSA
Enforcement
Industry 41
480 Regional 2009 1/8/2009 Consumer Other Industry 3
483 National 2009 1/16/2009 Environmental Air Pollution Control Mercury Emissions Government 8
in Pharmaceutical
Marketing
Industry 27
Stationary Sources
Industry 2
487 National 2009 2/24/2009 Environmental Air Pollution Control Soot Government 17
Consumer Products
Industry 28
489 Regional 2009 4/1/2009 Environmental Water Pollution Control Water Pollution Control Government 6
490 National 2009 4/29/2009 Environmental Water Pollution Control Water Pollution Control Government 10
492 National 2009 5/20/2009 Consumer Marketing and Advertising Operation False Charity Industry 33
Consumer Products
Industry 17
Information
Industry 41
496 National 2009 7/7/2009 Environmental Air Pollution Control NAAQS Requirements Government 2
497 Regional 2009 7/10/2009 Environmental Air Pollution Control Ozone Government 3
in Pharmaceutical
Marketing
Industry 36
Broadcast Satellite
Industry
Industry 46
Stationary Sources
Industry 6
502 Regional 2009 8/25/2009 Environmental
Protection of Wilderness
Areas
Roadless Rule Government 5
Referral
Industry 49
and Acid Rain
Government 11
Pharmaceuticals
Industry 43
Referral
Industry 50
Cancellation Issues
Industry 2
Vitamin Price Fixing
Investigation
Industry 23
Industry 12
and Acid Rain
Industry 3
Price-Fixing, Monopolization,
and Other Non-Merger
Antitrust
Industry 24
Programs
Laboratory Tests
Industry 23
and Acid Rain
Industry 9
Cancellation Issues
Industry 32
and Acid Rain
Industry 10
520 National 2010 2/12/2010 Consumer Lending Practices Industry 4
Tobacco MSA
Enforcement
Industry 34
Consumer Products
Industry 34
525 National 2010 3/15/2010 Consumer Other Industry
Referral
Industry 51
and Acid Rain
Industry 2
to Minors
Industry 39
Referral
Industry
531 National 2010 4/29/2010 Health Care Off Label Marketing Industry
532 National 2010 4/29/2010 Health Care Off Label Marketing Industry 51
535 National 2010 6/24/2010 Antitrust Price Fixing
DRAM Price-Fixing
Investigation
Industry 33
Stationary Sources
Industry 2
Fraud
Industry 3
539 National 2010 8/23/2010 Health Care Off Label Marketing Industry
Referral
Industry
Fraud
Industry 2
Stationary Sources
Industry 2
Referral
Industry
548 National 2010 10/4/2010 Antitrust Other Industry 7
Industry 14
551 National 2010 10/26/2010 Health Care Defective products Industry
Consumer Products
Industry 3
553 National 2010 11/4/2010 Consumer Lending Practices Credit Counseling Industry 21
554 National 2010 11/8/2010 Consumer Lending Practices U.S. Fidelis Bankruptcy Industry 11
Referral
Industry 4
556 National 2010 11/23/2010 Environmental Environmental Bankruptcy Water Pollution Control Industry 22
558 National 2010 12/6/2010 Antitrust Bid Rigging
Municipal Bond
Derivatives
Industry 20
Referral; Off Label Marketing
Industry
Cancellation Issues
Industry 49
Industry 51
Consumer Products
Industry 39
Industry 51
and Acid Rain
Government 12
and Acid Rain
Government 13
569 National 2011 3/4/2011 Health Care Other Government 8
Pharmaceuticals
Industry 38
Stationary Sources
Government 4
Programs
Industry 10
Stationary Sources
Industry 3
Municipal Bond
Derivatives
Industry 25
Referral
Industry 51
Cancellation Issues
Industry 51
to Minors
Industry 40
580 National 2011 5/18/2011 Consumer Insurance
Death Master File
Investigation
Industry 6
583 National 2011 6/20/2011 Health Care Other Industry
and Acid Rain
Industry 6
Industry 12
Industry 38
587 National 2011 7/2/2011 Health Care Off-Label Marketing Industry
Municipal Bond
Derivatives
Industry 20
Municipal Bond
Derivatives
Industry 24
Fraud
Industry 5
Programs
Industry
Fraud
Industry 3
Municipal Bond
Derivatives
Industry 22
Municipal Bond
Derivatives
Industry 24
LCD Price-Fixing
Investigation
Industry 8
Industry 35
Death Master File
Investigation
Industry 6
605 National 2012 2/9/2012 Consumer Lending Practices
Robo-Signing
Investigation
Industry 49
Programs
Industry 50
Programs
Industry 50
Referral
Industry 50
Programs
Industry 9
612 National 2012 4/20/2012 Health Care Other Industry
Death Master File
Investigation
Industry 6
Pharmaceuticals
Industry 46
Consumer Products
Industry 45
617 Regional 2012 6/8/2012 Environmental Nuclear Waste Disposal Nuclear Waste Disposal Government 4
618 National 2012 6/14/2012 Environmental Air Pollution Control Soot Government 11
and Acid Rain
Government 15
Challenges to the Affordable
Care Act
Government 22
624 National 2012 7/10/2012 Antitrust Other
Securities Brokerage
Industry
Industry 3
LCD Price-Fixing
Investigation
Industry 8
Challenges to the Affordable
Care Act
Government 7
Fraud
Industry 30
629 National 2012 8/27/2012 Consumer Insurance Annuities Industry 35
E-Book Price Fixing
Investigation
Industry 32
Pharmaceuticals
Industry 37
Death Master File
Investigation
Industry 6
Death Master File
Investigation
Industry 6
in Pharmaceutical
Marketing
Industry 38
in Pharmaceutical
Marketing
Industry 33
Tobacco MSA
Enforcement
Industry 19
Programs
Industry
Robo-Signing
Investigation
Industry 45
Referral
Industry 50
E-Book Price Fixing
Investigation
Industry 33
and Acid Rain
Industry 8
Misbranding of
Pharmaceuticals
Industry
647 National 2013 3/12/2013 Consumer Internet Internet Privacy Industry 39
Tobacco MSA
Enforcement
Industry 19
Referral
Industry 36
Mortgage Lending
Practices
Industry 2
651 Regional 2013 4/30/2013 Consumer Other Industry 4
Industry 30
and Acid Rain
Industry 2
E-Book Price Fixing
Investigation
Industry 33
Tobacco MSA
Enforcement
Industry 22
Stationary Sources
Industry 8
Death Master File
Investigation
Industry 6
Stationary Sources
Industry 2
Referral
Industry 9
Misbranding of
Pharmaceuticals
Industry 50
Stationary Sources
Industry 8
663 National 2013 8/9/2013 Environmental Other Government 9
Death Master File
Investigation
Industry 6
Referral
Industry
Death Master File
Investigation
Industry 6
Cancellation Issues
Industry 47
Death Master File
Investigation
Industry 6
Misbranding of
Pharmaceuticals
Industry
676 National 2013 11/18/2013 Consumer Internet Internet Privacy Industry 38
Mortgage Lending
Practices
Industry 5
Death Master File
Investigation
Industry 7
Death Master File
Investigation
Industry 7
Death Master File
Investigation
Industry 8
Robo-Signing
Investigation
Industry 49
Cancellation Issues
Rate Practices
Industry 45
Description
Various manufacturers of electrical wiring devices settled Attorney General's
claims of price fixing via entry of consent decree prohibiting such conduct
and payment of monetary forfeiture.
In 42 U.S.C.S. 7407(d), Congress set a schedule for implementation of the
Clean Air Act, 42 U.S.C.S. 7401 et seq. A rule issued by the Environmental
Protection Agency (EPA) classified counties nationwide with respect to
attainment of standards for photochemical oxidant pollution. It was a final
rule and was to take effect immediately. The State of New Jersey challenged
the rule because it was issued without notice and comment, as required by
the Administrative Procedure Act, 5 U.S.C.S. 553. The EPA contended that
the good cause exception of 553(b)(B) applied so it could implement the
schedule of 42 U.S.C.S. 7407(d).
Retail vendors of architectural, engineering and drafting supplies, equipment
and blueprint services settled Attorneys General claims of price fixing and
unlawful market allocation.
Appellant environmental group sought review of a decision from the United
States District Court for the District of Columbia, which entered an order and
judgment denying its motion for summary judgment and granting federal
and state appellees' cross-motions for summary judgment. The
environmental group challenged certain action and inaction by federal
agencies concerning the control and abatement of salinity in the Colorado
River.
The Environmental Protection Agency (EPA) approved a one-year revision to
New York's state implementation plan (SIP) for air pollution control to allow
for a test burn to analyze sulfur dioxide emissions. The states of New Jersey
and Connecticut petitioned for review of the EPA's final rule which approved
the revision. They argued that the New York revision would have a strong,
undesirable impact on air quality within their own state boundaries.
Since 1981, AEFS has promoted its crop with claims that Jerusalem
artichokes will be a valuable cash crop for numerous markets, including
alcohol fuels, human foodstuffs and livestock feed. An investigation by Iowa
and Minnesota officials determined claims the company made about the
product and its marketing potential did not bear out.
Alleged that the 36,000 Toyotas sold that year in several states all had
unfairly increased prices because an undercoating was applied before sale.
Environmental group and others challenged certain aspects of final
regulations issued by the EPA governing the amount to credit electric power
plants and other major sources of air pollution could receive for the height of
their emissions stacks in calculating limitations on their emissions of
pollutants.
Northeastern states claimed that seven midwestern states were emitting
sulfur dioxide and nitrogen and were violating air quality standards under the
Act. The Administrator claimed that the complex nature of the subject
matter prevented him from ruling on the states' petitions.
Four state attorneys general brought action against the Federal Trade
Commission (FTC) in federal district court alleging improper denial of
requests for access to documents generated in connection with a proposed
oil company merger. The FTC initially allowed and granted requests by the
relevant state's law enforcement agents to FTC records if the state's officials
certified the information would be maintained in confidence and used only
for official law enforcement purposes as it related to a proposed merger. The
FTC then held, for the first time, that it was unauthorized to share premerger
information and files with the states pursuant to 7A(h) of the Clayton Act,
15 U.S.C.S. 18a(h).
Litigation arose because more than 165,000 investors had purchased more
than $3.6 billion worth of single-premium deferred annuities from the
Baldwin-United companies, which subsequently went bankrupt.
The AGs claimed that fast-food consumers could not get basic information on
ingredients and nutrition. According to the AGs, "This is a problem, not only
for people who wish to watch their calories or avoid certain food additives,
but also for those on low-sodium or low-cholesterol diets, and it can be
dangerous for those with specific food allergies."
The court, on consideration of the petitions for rehearing by petitioners,
government entities and power companies, and respondent Environmental
Protection Agency (EPA), considered whether respondent's use of CRSTER, a
computerized atmospheric model, was arbitrary and capricious in the
absence of site-specific validation studies, as it held in an earlier ruling.
AGs charged that Minolta and its dealers had agreed to fix the price of the
Maxxum 7000, an autofocus model, and the AF Tele cameras in violation of
the antitrust law.
States, national environmental groups and property owners brought suit
against Environmental Protection Agency alleging that letters issued by
administrator of Environmental Protection Agency imposed upon current
EPA administrator a duty to identify states responsible for acid deposition
and to issue state implementation plan revision notices to them. The United
States District Court for the District of Columbia granted relief, and EPA
appealed.
AGs accused AAMCO of performing unneeded repairs, and using bait-and-
switch tactics and other deceptive sales methods.
States of Maine, Vermont, Minnesota, and Texas, as well as National
Resources Defense Council, Conservation Law Foundation of New England,
and Environmental Policy Institute challenged standards promulgated by
Environmental Protection Agency for long-term disposal of high level
radioactive waste under Nuclear Waste Policy Act of 1982.
States charged that Chrysler disconnected odometers on vehicles randomly,
tested the cars by driving them -- sometimes having employees take them
home for the evening -- then reattached the odometers and sold the autos
as new.
Environmental petitioners, including northeastern states, and industry
petitioners, including middle western states, petitioned for review to
challenge Environmental Protection Agency regulations interpreting statute,
which prohibits emissions limitation credit for stacks exceeding good
engineering practice height and for any other dispersion technique.
The states were concerned with the anti-competitive effects of one company
owning both Jordan Marsh and Filene's.
States filed petitions alleging that out-of-state sources were causes of states'
noncompliance with standards of their implementation plans under Clean Air
Act. The Environmental Protection Agency dismissed the claims.
The states alleged that Hertz charged the retail price for repairs, even
though, as a fleet operator, Hertz had paid a discounted price of about 25
percent below retail.
The complaint alleged that Matsushita Electric Corporation of America
(Matsushita), and certain dealers conspired to fix or maintain the resale price
for which dealers were able to sell its Panasonic products. The Panasonic
products included 6 VCRs, 3 camcorders, 3 telephone answering machines
and 4 Technics audio and video products models.
The states alleged that customers were sold property under false pretenses.
According to the states, Patten's pattern has been to buy huge tracts of rural
and wilderness property at low prices, subdivide it and sell the lots quickly at
huge profits to mostly urban buyers who are unaware of the complexity
involved in building on such property.
Appellants, environmental groups and states, challenged an order of the
United States District Court for the Southern District of New York, which held
that the Clean Air Act, 42 U.S.C.S. 7401 et seq., did not confer jurisdiction
on the district court to order appellee, the Environmental Protection Agency
and its administrator, to revise National Ambient Air Quality Standards.
Other companies in the energy industry joined as appellees.
Arose out of Consumers Union tests finding that because of its short
wheelbase and high center of gravity, the Samurai is dangerously prone to
roll over under what the consumer group maintained are normal driving
conditions.
Authorities alleged the company charged prevailing retail prices for repairs
when the actual repair cost was about 22 percent less because the company
was able to keep discounts for work on its huge fleet of cars.
AGs contended that Campbell's ads made high fiber claims about certain
soup products which were not high in fiber, calcium source claims about
soups which alone are not a good source of calcium, and "generally
mischaracterized the health effects of Campbell's soup products."
In 1980 EPA regulations classified air pollution impairing visibility as either
plume blight or regional haze and treated the two categories separately. The
regulations set out rules and orders to control plume bright but left
regulation of regional haze for future phases of air quality regulations. After
six years without further regulations, the environmental groups and several
northeastern states brought a citizen's lawsuit in district court under 42
U.S.C.S. 7604. The suit asserted that EPA had violated a non-discretionary
statutory duty in failing to promulgate rules for regional haze.
Concerned various issues pertaining to the Grand Gulf nuclear station.
An investigation by the attorneys general found Carnation claimed the
formula could not cause an allergic reaction in infants who had problems
with other formulas or a milk allergy.
AGs alleged that Sara Lee advertised its "light" cheesecake having fewer
calories than the regular version when it really does not.
States challenged existing gasoline volatility rules as being too weak.
AGs alleged that contrary to the company's advertising claims, the company's
pills did not cause perceptible weight or fat loss.
The states alleged that Nabisco violated consumer fraud laws with margarine
ads that used phrases suggesting the products would help reduce the risk of
heart disease.
Involved ads that imply there is the equivalent of a whole glass of juice in a
roll of its Fruit Juicers candy, when actually there is only a small amount.
Petitions were filed seeking review of several aspects of Revisions to
National Ambient Air Quality Standards (NAAQS) for Particulate Matter
issued by Environmental Protection Agency (EPA).
The antitrust suit claimed Entree had an unfair advantage over smaller,
regional competitors because virtually every major U.S. bank already was a
Visa or Mastercard member.
Involved ads that the company's Benefit cereal removed cholesterol from the
body.
Involved ads implying that using the oil, without other modifications in eating
habits, could lower serum cholesterol.
The AGs had been investigating claims by One-A-Day that the vitamins were
necessary or effective in preventing or reversing the health effects of air
pollution, ordinary stress or routine exercise.
Canadian province, states, and various environmental groups petitioned
Environmental Protection Agency for rule making relating to endangerment
and reciprocity aspects of procedure for prevention of air pollutants in the
United States from causing harm in form of acid deposition to public health
and welfare in Canada. Following receipt of letter from Environmental
Protection Agency (EPA) official setting forth EPA's position, province, states,
and groups petitioned for review.
Involved natural gas consumers in four states who allegedly paid excessive
rates in 1979-85.
Involved allegations over the company's environmental claims concerning
diapers.
The suit alleged that the companies' letters were deceptive because the
solicitation led consumers to mistakenly believe they'd won $5,000. The use
of a simulated letterhead of a nonexistent law office in Washington, D.C.,
reinforced the impression that recipients had won a major prize, according to
the suit.
The case involves claims by Pfizer Inc. that Plax mouthwash helps remove
plaque from teeth.
This case arose following an oil spill off the coast of NY and NJ.
According the the complaints, Mitsubishi had attempted to enlist electronics
retailers in a nationwide conspiracy to fix retail prices. In January 1988,
Mitsubishi began requiring its dealers to tag all Mitsubishi products on
display with Mitsubishi "suggested retail price." Mitsubishi did not permit
dealers to place any other prices on these tags.
According to a joint investigation by the attorneys general of New York and
Maryland, Nintendo required retailers to sell its 8-bit NES video game
consoles at a uniform price of $99.95 from June 1988 through December
1990.
States alleged that current practice in the airline reservation field gives an
unfair competitive advantage to certain airlines which own the computerized
reservation system. Travel agencies subscribe to one of the five CRS outlets
now in service, and each system is based on an internal airline reservation
system. As a result, the airline on whose system the CRS is based provides
travel agencies with more timely and accurate information on its own
services and fares than that of other airlines.
AGs alleged that the word degradable printed on the fronts of Hefty
packages and a statement on the backs implying that using the bags helped
the environment were misleading.
The states alleged in an investigation that Alberto-Culver misled consumers
with product labels indicating aerosol products were environmentally safe
and did not harm the ozone layer.
The agreement came after the manufacturers ran ads in major newspapers
that prompted concern from environmentalists that they were misleading
consumers. One headline said, "Drink boxes are as easy to recycle as this
page." The states alleged that the juice containers were actually tough to
recycle.
States alleged that the firm misled investors into believing that two mutual
funds, First Investors Fund for Income and First Investors High Yield Fund,
were as safe as certificates of deposit. In fact, it claims, the funds consisted
of ''highly speculative and volatile junk bonds.''
AGs alleged that ads failed to disclose that Frosted Flakes are 40 percent
sugar and that a large proportion of its calories have no nutritional value,
while the fruits to which it compared itself contain nutrients lacking in the
cereal.
The states contended Bristol-Myers improperly labeled some of its hair
sprays, household cleaners and suntan lotions as "ozone safe" and
"environmentally safe." The products contained propellants and other
ingredients that contributed to ground-level ozone, a major component of
air pollution.
The AGs said P&G's advertisements create the overall impression that
diapers are completely biodegradable. They claimed that the allegedly
misleading advertising made it appear to consumers that they need not
worry about the solid waste problems posed by disposable diapers because
they will somehow turn into environmentally benign dirt in a matter of
months.
States alleged that credit reports mailed to consumers in the past were
nearly worthless because they contained more than 170 different codes,
symbols and abbreviations.
Involved allegations that some Nu Skin distributors were promising fantastic
financial profits for prospective recruits and using possibly illegal pyramid
scheme tactics. Also alleged that consumers were losing thousands of dollars
because they were unable to resell the products they bought wholesale from
Nu Skin. Their complaint was that the market was saturated with Nu Skin
distributors.
The lawsuit, brought in 1977 by Washington and two years earlier by Oregon,
California and Arizona, originally charged seven major oil companies with
systematic price fixing and unwarranted gasoline price increases during the
gas shortages in the 1970s.
GMAC was investigated and sued for allegedly charging homeowners more
for escrow accounts than federal guidelines allow.
AGs alleged that Total cereal was good for unborn children. According to the
SAGs, ''Total's print advertising claimed that 'Your baby has its first breakfast
nine months before it's born -- make it a good one.' 'The rest of the ad claims
'Total is the one when you're eating for two,' and 'your baby counts on you
to eat right.''
The attorneys general alleged that packaging for Ruffies trash bags
contained misleading claims that the bags were degradable, including the
specific claim that "these bags will degrade in landfills." The company also
made misleading claims that its yard waste bags were "specifically designed
for municipal compositing operations" and were "perfect for composting."
Appellant utility companies sought review of an order of the United States
District Court for the Eastern District of New York. The order denied their
motion to intervene as defendants in a citizen action brought under the
Clean Air Act, 42 U.S.C.S. 7401 et seq., to compel appellee, Environmental
Protection Agency, to review and revise the national-ambient-air-quality-
standards for ozone.
When people call a "900" number, they automatically incurred charges that
appear on their monthly telephone bills. These new services have generated
thousands of complaints from people who did not understand the charges or
who said they did not receive the product being advertised.
Investigation arose because consumers complained that Equifax frequently
mixed up the credit histories of people with similar names, because the
company lacked details such as Social Security numbers, date of birth, full
name and addresses. Also, consumers complained Equifax didn't always fix
problems brought to its attention. In some cases, consumers would find
incorrect information inserted in their credit file a second time.
States petitioned for review of Environmental Protection Agency (EPA)
orders challenging agency's decision to forego promulgation of two
provisions of two proposed rules.
Allegations arose from an undercover investigation in CA that Sears auto
centers performed unnecessary work and inflated customer bills.
The lawsuit sought to end the expensive practice of "bundling," the required
combining of drug purchase with blood drawing, testing and monitoring
services from a specific company. Under the bundled arrangement, Clozaril
cost $8,944 per patient per year, making it the most expensive general-use
drug in the United States.
S&B allegedly misled consumers about the monosodium glutamate (MSG)
content of some of its seasoning mixes.
Several states had been examining credit reporting industry practices in
response to complaints from consumers who say they've found inaccurate
information on their credit reports and have had difficulty getting the reports
corrected.
The states alleged that the marketing of G.E.'s ''Energy Choice'' line of
incandescent light bulbs misled consumers into believing they could get the
same amount of light with less electricity.
Involved allegedly false claims regarding the product's fuel savings and
emissions reduction in motor vehicles. Tests of cars at the Automotive
Testing Laboratories, Inc., in Ohio disclosed that there was no improvement
in emissions reduction or gas savings by use of the Vitalizer.
The federal government and the states had charged Uniroyal with various
claims under CERCLA.
The states alleged an illegal national marketing and billing scheme began in
1987 when NHL added an HDL -- cholesterol test to every blood chemistry
panel test ordered by a physician.
AGs alleged that the company's product, which was sold over- the-counter at
pharmacies, was not proven to be safe and effective in producing weight
loss. According to the Attorneys General, the company falsely advertised in
newspapers, claiming that the pills would inhibit sugar absorption and would
reduce weight without dieting and without giving up favorite foods.
The Attorneys General alleged that Fleet violated the federal Real Estate
Settlement Procedure Act (RESPA) by requiring excess money to be held in
homeowners' mortgage accounts.
The Attorneys General alleged that in its advertisements for the prescription
drug Habitrol, CIBA-Geigy violated state consumer protection laws
prohibiting false advertising and deceptive trade practices by failing to
disclose important information about the effectiveness and potential risks of
the drug.
Keyes Fibre's advertising and packaging claimed that its tableware is "100%
BIODEGRADABLE," and "offers a viable solution to today's methods of solid
waste disposal." The Attorneys General allege that these claims are
misleading since Chinet tableware does not degrade and provides no other
environmental benefit when buried in a landfill.
Involved environmental liabilities for potential contamination from
underground storage tanks at nearly 1,100 convenience stores/gasoline
stations that Circle K was operating at the time of the bankruptcy, as well as
over 1,200 additional locations which it had operated at various times prior
to the bankruptcy.
The Attorneys General alleged that NSA had deceptively enticed individuals
into making huge, up-front product purchases when signing them up as
distributors of the firm's filters.
The litigation arose because the Food and Drug Administration has banned
guar gum in over-the-counter weight control products because its
effectiveness for weight control has not been demonstrated and because it
poses a significant health risk to consumers.
The Attorneys General alleged that the defendant cable companies violated
state and federal antitrust laws by conspiring to monopolize and restrain
trade through their control of programming and its distribution. Specifically,
the lawsuit alleged that cable operators coerced program producers to
scramble their signals so that cable competitors, such as direct broadcast
satellite services (DBS), could not receive the signals carrying the
programming and pass the programming along to their DBS customers.
The Attorneys General had alleged that Marion Merrill Dow violated state
consumer protection laws prohibiting false advertising and deceptive trade
practices by failing to warn consumers adequately about potential health
risks certain consumers may face in using Seldane or Seldane-D.
The investigation arose from a study by the U.S. Consumer Product Safety
Commission, which found that falls from shopping carts are among the
leading causes of head and facial injuries to young children.
The company had allegedly claimed that its Triaminic Cough Syrup was "new
and improved" when all consumers were allegedly being required to do was
take twice the dosage from the same size bottle.
States brought action against Environmental Protection Agency, challenging
EPA regulations promulgated under CERCLA and contained in National Oil
and Hazardous Substances Pollution Contingency Plan (NCP).
This unique cooperative effort concerned a charge that Avery made false
statements in claims submitted to the government for reimbursement and
failed to reveal that inflated costs claimed in cost reports were a result of
companies he personally owned or controlled.
This case arose following an oil spill off the coast of NY and NJ.
The states alleged that Lederle was paying secret bonuses to pharmacists
who fill prescriptions for its nicotine patches.
Plaintiff States sought damages and injunctive relief, alleging that Keds
Corporation (Keds) conspired with its dealers to set minimum retail prices for
which the dealers could sell their products.
State law enforcement officials accused First Investors of using aggressive
sales tactics in the 1980s to misled unsophisticated investors into believing
that their junk-bond funds were as safe as a certificate of deposit.
The AGs had reported that they and federal agencies have received over 800
complaints from people who have suffered adverse reactions after having
carpets installed in their homes. Symptoms experienced included respiratory
difficulties, burning eyes, headaches, nausea, rashes, and the development
of immune system disorders.
The investigation focused on the marketing for light bulbs that allegedly do
not provide the same amount of light the firm claims they are intended to
replace.
The Attorneys General said the company misled consumers by claiming that
SNO N ICE was an environmentally safe, proven alternative to ordinary rock
salt.
According to the Attorneys General, in June 1993, Miles originally offered to
pay pharmacists to switch consumers to the Miles drug and away from the
drug of their only competitor.
Dahlberg allegedly made misleading claims to consumers about the features
or performance of its products and lacked test results proving claims about
products incorporating the "clarifier" circuitry.
The charges were based on NME Psychiatric Hospitals' payment of kickbacks
to doctors, referral services, and other persons so that they could refer
patients to NME hospitals. The patients were insured under such
government health programs as Medicare, Medicaid, and the Civilian Health
and Medical Program of the Uniformed Serves (CHAMPUS) and the Federal
Employees Health Benefits Program.
The states alleged that to promote Glynase, Upjohn solicited thousands of
pharmacists nationwide to encourage consumers and their doctors to switch
prescriptions from Micronase and other diabetes drugs to Upjohn's newer
drug. Upjohn paid pharmacists for each drug switch achieved.
The Attorneys General alleged that advertisements for Lite Smoked Sausage,
Lite Cheddarwurst, Lite Fresh Bratwurst, and Light and Mild Wieners used
the terms "Lite" in a manner that created the impression that the products
were low in fat, when they were not.
The Attorneys General alleged that these sweepstakes often are designed to
make recipients believe they are on the verge of winning, even though
millions of consumers have the same chance of winning. Moreover,
consumers often believe they must buy magazines or other products to be
eligible to enter future contests.
The states alleged that the living trusts were sold by non-attorneys who used
high pressure sales tactics and who misrepresented the advantages of trusts
over wills.
The states filed a lawsuit which alleged that U.S. and foreign insurance
companies conspired to limit the availability and affordability of public
liability insurance. As a result, the states claimed, municipal facilities such as
parks, playgrounds, and other recreational centers were unable to obtain
commercial liability coverage and thus had to close or self-insure at great
expense.
Plaintiff States filed a complaint against a group of airlines who were alleged
to have used a jointly-owned airline data collection agency (Airline Tariff
Publishing Company) between 1998 and 1992 to negotiate and fix prices.
This allowed airline defendants to raise prices and eliminate discounts
without the risk of losing market share.
Plaintiff States sought an injunction alleging that the merger between
Browning-Ferris Industries, Inc. (BFI) and Attwoods PLC (Attwoods) would
substantially reduce competition in the solid waste hauling market.
According to Wisconsin's complaint, the smelter emits toxic substances that
deposit into lake Superior and contaminate the water with arsenic, mercury,
copper, lead, cadmium, and nickel.
The complaint alleged that in January of 1993, Reebok, the nation's second
largest seller of athletic footwear, conspired with shoe dealers to set
minimum retail prices for its Reebok and Rockport brand products. Retailers
who did not agree with the pricing policy were suspended from selling
Reebok products and were only reinstated upon written agreement to abide
by the policy.
The Attorneys General alleged that Knievel, son of former celebrity stuntman
Evel Knievel, targeted senior citizens through unsolicited, high-pressure
phone calls.
Involved allegations of kickbacks and overbilling to the Medicaid programs of
all 50 states and the District of Columbia.
The states allege that medical information obtained by Medco was used to
try to convince doctors to switch patients to Merck products, and that their
failure to disclose important information to prescribing physicians and
consumers violated state consumer laws.
In addition to the Stop & Shop Pharmacy Club Card, Insulin Card and senior
citizen discounts, investigators probed a gift certificate program which, at the
time it was in place, offered gift certificates of up to $15 to consumers in
exchange for their filling new prescriptions at Stop & Shop. Investigators
allege that some Medicaid customers received cash after making small
purchases with the gift certificates.
The governments charged that the firm's acquisition of supermarkets owned
by National Holdings, Inc. would violate federal antitrust law and potentially
lead to anticompetitive pricing and other conduct that could hurt
supermarket customers.
Involved allegations that the company made misleading claims about the
durability of its siding.
The lawsuit alleges that The Learning Machine's claim that it creates an
altered "mental state" is misleading in that it fails to disclose that the device
may actually induce seizures in individuals who cannot know if they are
susceptible. The lawsuits also allege that the defendant failed to disclose that
use of The Learning Machine has not been demonstrated to cause users to
experience any of its alleged benefits.
The complaint cited two types of consumer harm that could result from the
transaction as originally proposed. First, there would be reduced competition
in markets in which West and Thomson directly compete, including state
codes and federal and state case law where West and Thomson are the only
publishers of enhanced codes or case law reporters. Second, the acquisition
would likely reduce competition in the provision of online legal research
services because Thomson would have less incentive to provide products to
Lexis-Nexis, the sole competitor of Westlaw, an online legal research service
that would be owned by Thomson.
Involved allegations that the company misled consumers with phony claims
of price savings on its merchandise.
The Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin
Ahold's acquisition of The Stop & Shop Companies Inc. (Stop & Shop),
alleging that the merger would substantially lessen competition within the
supermarket industry.
The initial suit alleged that Trudeau attempted to entice individuals to attend
recruitment meetings where they were asked to purchase memberships in
an "Instant Executive Program," which required participants to buy $1,000
worth of products, a $35 start-up kit, and $135 worth of products each
month.The program allegedly promised substantial commissions if others
were recruited.Because the plan focused mostly on the recruitment of new
members rather than on the sale of products, the Attorneys General
considered the marketing program an illegal pyramid scheme.
The lawsuit alleged that the defendant financial investment companies
conspired to increase and fix the spreads paid for sales of class securities.
The Plaintiff States focus was to ensure that individual investors and public
pension funds were fairly represented in the litigation and settlement.
Telebrands had falsely claimed in advertisements that their product, Whisper
XL had extraordinary capabilities. The advertisements also claimed that the
product would also allow users to hear a whisper up to 100 feet away and
"hear birds like you've never heard them before, and hear deer coming
before they hear you." The company also falsely promised that its product
was a breakthrough in sound interception and amplification technology.
The allegations concerned Equinox's unsubstantiated claims of success in its
advertising to distributors.
The U.S. Department of Justice and the Plaintiff States sought to enjoin the
merger between USA Waste Services, Inc. (USA Waste) and Sanifill, Inc.
(Sanifill), alleging that the merger would substantially reduce competition in
the waste hauling industry.
The Attorneys General had concerns about an APC advertising campaign that
made misleading claims regarding the recycling rates of plastics and implied
that all types of plastics were easily recyclable by consumers.
Involved allegations that it sold computers as new when they actually
contained parts from previously sold computers.
The investigations centered on the retailers' advertisements regarding the
terms of no interest financing options.
Involved allegations that the company targeted Hispanic and Vietnamese
consumers and changed their long-distance phone service without
authorization.
Involved allegations that the company misrepresented itself to consumers as
being At&T and switched some consumers' long-distance service to National
Accounts without the consumer's approval.
The allegations derive from Patton and Success Tracks newspaper
advertisements touting their single session, hypnosis-based seminars for
smoking cessation and weight loss. Patton and Success Tracks allegedly made
unsubstantiated claims in their advertising about the efficacy of the seminars
and the success consumers could expect in permanently losing substantial
amounts of weight and permanently stopping smoking by attending one of
the advertised hypnosis seminars.
Involved claims that advertisements for drugs carrying the Arthritis
Foundation logo misled consumers into believing that the drugs were new
medications created by the Arthritis Foundation and that buying the
products would provide additional funding to help fund a cure for arthritis.
According to the allegations, doctors were convinced to use a package of
blood tests that included a cholesterol or blood iron test, neither of which
were needed. The doctors were told the extra tests were included in a single
bill to Medicare.
The states expressed concerns that the companies' lease advertising falsely
represented that consumers could lease vehicles for "zero down" or "nothing
down."
The investigation centered on independent dealers who may deceptively
market computers as new.
The settlement follows complaints from subscribers that they were given
insufficient notice when they were automatically switched last Sunday to a
new plan costing $ 19.95 a month.
The lawsuit alleged that Mazda lease ads prominently displayed misleading
"zero down" and "penny down" claims, while burying important information
about the actual up-front charges in unreadable fie print. In truth, consumers
were required to pay approximately $900 in up-front fees, which included a
$450 acquisition fee, along with a security deposit and the first month's
payment.
The investigation centered on allegedly misleading and deceptive "zero
interest" advertisements.
The states' scrutiny was prompted by customer complaints that followed the
company's move in December to $ 19.95-a month flat-rate pricing plan, the
office said. The new pricing led to a surge in demand that made it difficult
for customers to dial into the service. The settlement evolved from a recent
meeting in Chicago among 20 of the states and representatives from America
Online.
The Attorneys General had charged that American Cyanamid used dealer
rebate programs to set minimum retail prices for crop protection chemicals,
violating federal and state antitrust laws that make it illegal for a
manufacturer and dealer to agree on the dealer's resale price of a product.
IDT's ads stated that telephone calls to the service would be "always a local
call" or "almost always a local call." In fact, many customers were given
"local" dial-up numbers which could only be reached by a regional toll call.
Investigation by plaintiff states revealed that just prior to the 1995 crab
fishing season, commercial crab fishermen attempted to arrive at a group
consensus on an initial selling price for the crab they caught and sold to
processors.
Investigators said SmithKline billed the government for millions of lab tests
that weren't medically necessary, weren't ordered by a doctor or weren't
performed. The tests included such things as blood and urine tests.
Petitioner rule opponents sought review of a rule from the Environmental
Protection Agency (EPA), which declared the ozone reduction
implementation plans of 12 individual states in a region "substantially
inadequate" under the Clean Air Act (CAA), and required the states to revise
their plans and enact the Low Emission Vehicle program (LEV).
This settlement was the first with a tobacco company prior to the MSA in
1998.
The Attorneys General alleged that computers returned with fewer than 10
hours of use registered on their internal clocks to AST, Research, Inc. were
resold as brand new.
The U.S. and Plaintiff States sought to enjoin Akzo and Cargill, Inc. (Cargill)
from consummating their merger, arguing that the merger would
substantially reduce competition in the mining and sale of salt products.
The settlement resolves claims by the states, and by private parties, that
contact lens makers and optometrists conspired to limit the availability of
contact lenses.
The states alleged that ads for a recent promotion created the false
impression that Champion was giving away a "grand prize" -- a 1970 Ford
Mustang or $25,000 -- to at least one customer at each store that featured
the promotion at a "grand opening" or other special sales event.
The states alleged that Sears used misleading tactics to convince debtors to
agree to forego the benefits of the bankruptcy discharge and reaffirm debts
they owed to Sears. They also alleged that, for at least 10 years, Sears
consciously decided not to file massive numbers of these agreements with
the bankruptcy court, as required by the Bankruptcy Code, to avoid the
court's review of their terms. It continued, though, to collect payments from
debtors after their discharge, while failing to inform them that the
agreements were not legally enforceable.
The AGs charged that the company told consumers that, for the advance fee
of $269, the consumers were highly likely to receive credit cards with low
interest rates. The Federal Trade Commission's Telemarketing Sales Rule
prohibits telemarketers who guarantee consumers a loan or a credit card to
ask for money in advance.
States sought an injunction and monetary damages from Zeneca, Inc.
(Zeneca), alleging that the company conspired with distributors of its crop
protection chemicals to maintain the resale price of the chemicals.
The claims settled include charges that several of the company's marketing
practices violated state and federal laws, including their offer of one "free"
pair of hosiery. By accepting the "free" pair, however, the customer was then
obligated to receive two additional pairs which they could purchase or return
at their own cost. If the consumer paid for those pairs, but did not notify the
company to cancel future shipments, the company automatically sent four
more pairs of hosiery.
The investigation involved the company's selling identical contact lenses
under different names, with different usage directions, and at significantly
different wholesale prices.
The AGs alleged that some ads failed to adequately disclose that consumers
had to fulfill crucial terms and conditions for so- called zero-interest plans.
For example, a consumer could be charged interest from the date of
purchase if he or she failed to make a required minimum payment or pay the
full purchase price within the zero-interest period.
WinStar was accused of offering consumers a chance to win cash prizes and
then using the information on their sweepstakes form to enter change
orders for their long-distance service.
Vacation Break mailed thousands of consumers across the country
"certificates of entitlement" with language such as "pack your bags"or "you
have been selected," implying that the recipient had won a free vacation. It
also set up booths promoting a contest to win a free vacation. When
consumers called the 800 number, they learned for the first time that the
vacation was not free.
The Attorneys General were concerned about the company's toy because of
the possibility that small children sucking on the candy would not be aware
of the toy and it could become lodged intheir throats, causing choking.
Alleged that Playmobil conspired with certain dealers to set the minimum
retail price for which retailers were permitted to sell Playmobil's toys.
In a prior judgment, the court held that the NWPA mandated that the DOE
begin accepting radioactive waste and spent nuclear fuel by January 31,
1998, in exchange for payment of fees into a Nuclear Waste Fund. The DOE
informed the petitioners that it would not accept the waste by the deadline.
The petitioners sought a writ of mandamus directing the DOE to comply with
the prior judgment and begin acceptance of the waste by the 1998 deadline.
The governments charged that the proposed joint venture could raise
gasoline prices by tens of millions of dollars and would violate federal
antitrust laws.
Among other things, the Attorneys General claimed that EqualNet was
engaged in "slamming," a practice in which a long distance company switches
a consumer's long distance service without the consumer's knowledge or
consent. Indeed, although most businesses were deceived into switching,
some were allegedly switched even after stating flatly that they were not
interested.
Talk America and Nature's Pure Body Institute promoted Purifast 30 and
claimed that it prevented cancer, removed waste from the body, detoxified
the bloodstream, and allowed a person to live without aches and pains. They
also promoted Daily Harvest vitamins, claiming they reduced the risk of
degenerative diseases, removed foreign chemicals, relieved constipation,
and caused weight loss. Lastly, Talk America and Nature's Pure Body
promoted Natural Hair Shampoo, claiming that it reversed baldness and
increased hair growth.
Petitioner downwind states sought review of a final rule issued by
respondent Environmental Protection Agency that granted respondent
upwind states an exemption from limitations under the Clean Air Act, 42
U.S.C.S. 7401 et seq., on the emission of nitrogen oxides. The downwind
states contended that the exemption was premature and that the limitations
would improve the ozone problem in the upwind states.
AGs alleged that consumers who purchased a digital satellite system and paid
DIRECTV in advance for a year of programming were eligible for either a
$200 cash refund or $200 off their annual subscription package. In the pre-
paid programming package advertised as "Total Choice," consumers were
offered a variety of channels, including seven Encore Movie channels.
However, before the pre-paid subscriptions ended, DIRECTV replaced the
seven Encore channels with channels that did not include movies.
The AGs alleged that Federated had violated consumer protection laws by
pressuring consumers who had filed for bankruptcy into signing reaffirmation
agreements.
The lawsuit concerns EPA's alleged failure to perform a nondiscretionary
duty with respect to promulgating action on petitions submitted by the
Petitioners under Clean Air Act section 126. These section 126 petitions ask
EPA to make findings that electric utilities and other stationary sources of
oxides of nitrogen emissions in states upwind of the Petitioners contribute
significantly to nonattainment (or interfere with maintenance) by areas
within the Petitioners of the ozone-smog national ambient air quality
standards.
For more than a year, a task force has been looking into deceptive
sweepstakes advertising, including, specifically, "prize notification" mailings
by AFP alleged by consumers to be misleading.
The allegations involved misleading advertisement claims that a non-surgical
eye care treatment could "cure" vision problems.
The government said the original deal would have driven up movie-ticket
prices and reduced the quality of first-run theaters in Chicago and New York,
where the two companies run the first and second largest chains.
Respondents, EPA and other government entities, filed a motion to dismiss
an action of petitioners, several states of the United States. The action
challenged three administrative actions by the EPA concerning its authority
under the Clean Air Act.
The AGs alleged that Corning officials routinely charged Medicaid and/or
Medicare for numerous laboratory tests which were not ordered by a
physician.
In 1996, the states conducted joint compliance checks to determine whether
retailers operating in the three states were complying with laws prohibiting
sales of tobacco to minors. These chains were among the retailers who sold
to minors during the 1996 compliance checks.
The states alleged that AOL failed to consider some basic consumer
protection principles when making changes in their rates of service, offering
free trials of service and charging for calls which consumers thought were toll-
free.
BDP was charged with "slamming" the long distance service of thousands of
consumers across the country, allegedly telling consumers that its rates were
lower than the customer's current long distance provider, when, in fact, the
BDP rates were higher.
The AGs alleged that NCRB solicited millions of high school seniors and
college students to buy a "Campus Card" for $ 25, and led students to believe
the card could serve as an official identification card and that schools would
require them to purchase the "Campus Card." In fact, the card was not
endorsed by any college or university.
U.S. Department of Justice (DOJ) and Plaintiff States sought to enjoin the
merger agreement between USA Waste Services, Inc. (USA Waste) and
Waste Management, Inc. (WMI), arguing that such a merger would
substantially lessen the competition in the waste disposal and commercial
waste hauling business.
The companies were accused of misrepresentation in getting so-called
reaffirmation agreements from their customers who had sought protection
under federal bankruptcy laws.
According to the complaints, Dolgin obtained names of prospective
customers at local fairs and shows where people were encouraged to
"register" to win a vacation. Telemarketers then called consumers to tell
them they had "won" a cruise vacation to Florida and the Bahamas, when, in
fact, consumers had to pay up to $ 598 to obtain the travel package and
additional monies to book the vacation. In addition, the complaints alleged
that those who actually paid for the vacation found that the cruise was
merely a ferry ride and that the hotel in the Bahamas was substandard.
According to the AGs, consumers who entered a sweepstakes drawing
unknowingly agreed to become members of VOAA and receive its voice
messaging services. A monthly charge of $ 4.85 appeared on consumers'
telephone bills.
Petitioner Commonwealth of Kentucky Natural Resources and Environmental
Protection Cabinet (state) appealed a final ruling of respondent
Environmental Protection Agency (EPA), which denied the state's request
under the Clean Air Act (CAA), 42 U.S.C.S. 7401-7671q, to redesignate its
portion of a nonattainment area (Area) to "attainment" status for the air
quality standard for ozone and approve the state's attainment maintenance
plan.
According to the lawsuit, MRP telemarketers did not disclose that it is a
telecommunications company, failed to get authorization from consumers
before switching their long distance service, and misled consumers regarding
discounts available under its service. In addition, when consumers
discovered the slam and attempted to return to their carrier of choice, MRP
re-slammed consumers.
Involved allegations that the companies used fraudulent telemarketing
practices to market phony credit card offers through a program called
"Credit Source." According to the suit, Credit Source offered consumers an
unsecured Visa or MasterCard for a $ 35 monthly charge billed through
consumers' telephone bills for three consecutive months. Telemarketers
allegedly misrepresented to consumers that they were highly likely or pre-
approved to obtain credit. Instead of receiving a credit card, consumers
received an application for a credit card.
May allegedly solicited customers who filed Chapter 7 bankruptcy to sign
contracts agreeing to repay their debt rather than have it dismissed in
bankruptcy. May then allegedly failed to file those reaffirmation agreements
with the bankruptcy court as required by law.
According to the complaint, the company (the credit arm of Circuit City)
solicited consumers who filed Chapter 7 bankruptcy to sign reaffirmation
agreements, but failed to file those agreements with the bankruptcy court.
Leading up to the consumation of the MSA, the AGs had claimed that the
tobacco industry deceived consumers about the health effects of smoking,
and illegally lured millions of teenagers to take up the deadly smoking habit.
This in turn affected state Medicaid costs.
The states alleged that the company marketed the packages that implied
consumers had won free vacations to Florida and the Bahamas. When
consumers would call the "800" number to claim their vacations, which were
promoted through the mail or at contest booths, they were subjected to a
high-pressure sales pitch to purchase a vacation costing more than $ 400.
The Attorneys General alleged that SBCH used misleading advertising that
overstated its products' abilities to help consumers quit smoking. SBCH
claimed that smokers would be able to quit smoking permanently. In fact,
most smokers are unsuccessful in their attempts to quit. In addition, the
company implied that the American Cancer Society endorsed its products by
featuring the Society's logo and the phrase "Partners in Helping You Quit" in
its advertisements.
The transaction raised competitive concerns for the FTC and states in a
number of local markets in which the Commission proposed to take action.
The case arose out of concerns that the merger would place too many trash
hauling contracts and transfer stations in the hands of a single company.
The Attorneys General had alleged that Consumer Access placed
sweepstakes entry boxes in retail establishments in several states.
Consumer Access then used the contest entry forms as authorization to
charge an enrollment fee and a monthly fee.
Involved charges that the sweepstakes company deceived consumers by
convincing them that they needed to call a 900 number in order to claim a
cash prize or to find out if they had won a sweepstakes.
Involved claims that the company marketed a product called "Nestle Magic"
that was potentially a choking hazard.
The company allegedly failed to disclose that consumers would be required
to perform regular maintenance on the equipment, and that its bait stakes
do not work against drywood termites.
States of Missouri and Illinois joined in United States Department of Justice
action to enjoin acquisition or to remedy anticompetitive effects from
proposed acquisition by waste hauler.
Involved allegations that these defendants falsely claimed that their
products, The Laundry Solution, a small plastic ball filled with "structured
water," and The SuperGlobe - a ball divided into two parts containing "Ie
Crystals" or "Ie structures," cleaned clothes better than traditional laundry
detergents and were better for the environment.
Various petitions for review were filed with respect to final rules issued
pursuant to Clean Air Act by Environmental Protection Agency (EPA), revising
national ambient air quality standards (NAAQS) for ozone and particulate
matter (PM).
The case alleged that Toys 'R' Us orchestrated a conspiracy among the three
major toy manufacturers to restrict the supply of certain popular toys to
warehouses and price clubs in an effort to put the clubs at a competitive
disadvantage.
According to the Attorneys General, AFP's sweepstakes mailers falsely
suggested that recipients must make purchases to win, that recipients were
part of a select group vying for a prize, and that recipients had to respond
immediately to prevent someone else from claiming their prize.
According to the Attorneys General, Action Direct Marketing, under the
fictitious entity "National Health Surveys," misrepresented to consumers that
it was conducting a national health survey to improve health care for the
public. However, the company was actually compiling a marketing list of
consumers who indicated that they had hearing and other health problems.
Action Direct Marketing sold these lists, along with private health
information it gathered, to its professional clients, including doctors,
audiologists and chiropractors.
Antitrust regulators had contended the deal would substantially reduce
competition in California, Nevada and New Mexico.
The states and the FTC alleged that the defendants falsely claimed that the
Laundry CD cleans laundry as well as laundry detergent by changing the
molecular structure of water. They also claimed it was recyclable, and that
scientific evidence proved the product works. However, according to the
complaint, the defendants did not actually have scientific evidence
supporting their claims and used testimonials that were misleading because
the testimonialists' experience was not typical.
According to the Attorneys General, Knoll suppressed scientific research it
had sponsored that failed to demonstrate the superiority of Synthroid. Knoll
had marketed Synthroid as a reference product and the standard for
levothyroxine sodium products, as well being unique and better than
competing brands. Knoll also allegedly claimed that no study had shown that
any competing brand was equivalent to or useful in place of Synthroid.
According to the State Attorneys General, despite the 1996 settlement,
Mazda's ads continued to highlight low monthly payments while obscuring
the total amount due at lease signing. Specifically, the states alleged that
Mazda failed to show in its television ads the total amount due at lease
signing long enough to be noticed, read, and easily understood by
consumers. Mazda's ads contained distracting sounds, small type size, and
other clutter that violated of the disclosure requirement in the 1996
settlement.
According to the Attorneys General, MCI initiated and billed its customers a
"national access fee" that ranged from $ 1.07 for residential customers to as
much as 27% of the total bill on business accounts. The fee was listed in the
taxes and surcharge section of customers' bills. When consumers questioned
the charge, MCI falsely told them that the fee was a Federal Communications
Commission mandated charge.
Plaintiff States sought to enjoin the merger between Exxon Corporation
(Exxon) and Mobil Corporation (Mobil), alleging that the merger would
violate Section 7 of the Clayton Act because the acquisition would
substantially lessen competition and/or tend to lessen competition in
relevant markets in each of the States.
Attorneys General Spitzer and Blumenthal, the FTC, and the FDA had alleged
that, although an aspirin regimen is effective in reducing the risks of stroke
and heart attack in certain groups of people, its regular use can cause health
problems and, therefore, should be undertaken under the supervision of a
health care professional.
According to the Attorneys General, the defendants falsely promised "free"
vacations when, in fact, consumers had to attend a five hour time-share
presentation as a condition of redeeming their "vacation." The Attorneys
General also alleged that the travel companies provided substandard
accommodations to consumers who were promised luxury accommodations
or had advertised a "free cruise" to the Bahamas which, in actuality, was a
one-day ferry ride.
Petitioner states and state agencies petitioned for review of an order of the
Environmental Protection Agency (EPA) challenging various aspects of the
EPA's decision to mandate that the states revise their state implementation
plans to mitigate the interstate transport of ozone precursors in order to
regulate national ambient air quality standards pursuant to the Clean Air Act,
42 U.S.C.S. 7401 et seq.
The states alleged that the company entered into illegal agreements with
shoe retailers to fix the retail price of women's shoes between January 1988
and July 1999.
Following the lawsuits of several cities against the firearms industry, two AGs
and HUD negotiated this settlement.
Involved allegations that the long distance service provider switched
consumers' long distance service without their authorization and charged
consumers for products and services without their consent.
Each year, USPE sends out tens of millions of mailings containing offers to
buy household and personal products, along with sweepstakes entry forms.
The Attorneys General alleged that consumers, particularly seniors, bought
these products believing the purchases would enhance their chances of
winning a major prize.
Alleged that the merger would give BP monopoly-like control over Alaska
North Slope crude oil production and sales to West Coast refineries.
The FTC and the states alleged that the pyramid schemes were illegal, the
companies made deceptive earnings claims and violated federal law.
Plaintiff States alleged that competing manufacturers of commercial tissue
products conspired to fix prices for commercial tissue sold to schools,
hospitals, prisons, hotels, restaurants and other large scale purchasers.
Investigators in 1998 accused Mylan of illegally raising the price by more
than 2,000 percent of the generic drugs lorazepam and clorazepate, which
are used to treat anxiety, Alzheimer's disease and other afflictions. Mylan
was accused of forming a partnership with the only company that is able to
import the ingredients used to manufacture the generic drugs.
The Attorneys General alleged that Baker & Taylor promised to pass along
the discounts it received from publishers, but failed to do so when it secretly
removed thousands of books from the "deep discount" list forcing libraries to
pay more than the agreed upon price for books.
A "quit smoking" system was marketed as a smoking deterrent through
unsubstantiated company claims that the product had healthful properties
and could treat, cure, or prevent nicotine addiction - assertions that made
the product an unapproved drug under state and federal laws. Furthermore,
Oxyfresh promoted its product as being endorsed by a nonprofit group
known as "Doctors for a Smoke Free World," an organization that does not
exist.
The challenged mailings consisted of a series of personalized form letters
that implied consumers, many of them senior citizens, won or were about to
win a major sweepstakes prize. Consumers were led to believe that they
could increase their chances of winning by making purchases.
Involved claims that Time misrepresented through their sweepstakes
promotional materials that consumers had won a major prize.
In some account agreements provided to customers, the bank listed the
circumstances under which personal customer information would be
disclosed, but failed to include any references to the bank's practice of
providing such information to vendors for direct marketing purposes.
According to the Attorneys General and the FTC, the defendants falsely
stated that consumers would earn extremely high rates of return using their
trading strategies. The defendants did not possess and rely upon a
reasonable basis to substantiate their claims, however.
The suit alleged that the companies conspired for more than a decade to fix
prices and restrict supplies of a variety of vitamins, used in vitamin pills, and
feed for chicken, cattle, fish, and foods such as milk, cereal and bread.
Due to concerns about the possible safety risks associated with certain tires
under investigation by NHTSA, the Bridgestone/Firestone Multi-State
Working Group consisting of 48 states and territories urged Bridgestone to
replace more consumers' tires.
According to the Attorneys General, the companies advertised and sold
"slimming briefs" and electrode belts that supposedly gave consumers the
same weight loss and body slimming results as exercise. Neither claims made
on the slimming briefs nor the Elysee Electro Exercise System were
substantiated.
The charges included five allegations, including that the company billed
government health care programs for lab tests that were not medically
necessary or were not ordered by doctors.
The States alleged that the company falsely represented that the Crystal Ear
was not a hearing aid to avoid compliance with state and federal laws
regulating the advertising and dispensing of hearing aids. In addition, the
states alleged that PCC Direct made unsubstantiated representations about
the performance of the device, and used testimonials claiming results that
were not substantiated as typical of ordinary consumer experience.
The online educational toys seller had proposed selling customers' names,
addresses, billing information, and shopping preferences after the company
experienced financial hardship. However, the company's website contained a
privacy policy declaring that Toysmart would "never" share customer
information with third parties.
The states alleged that Bayer overstated average wholesale prices for its
drugs. Those prices are the benchmark used to set reimbursement rates
under Medicaid and Medicare, the federal health insurance program for the
elderly.
StarLink was altered with a bacterial gene to make it resistant to corn borer
caterpillars, but Aventis' EPA license for StarLink did not permit use for
human consumption because the agency could not rule out a link between
the StarLink protein and food allergies.
Involved allegations that the travel companies misrepresented the terms and
conditions of Florida vacations and cruises to the Bahamas. The Attorneys
General further alleged that the defendants misrepresented the purpose of
their solicitations and failed to inform consumers that they were required to
attend timeshare presentations while on their "free" vacations.
The settlement resolves claims by the states, and by private parties, that
contact lens makers and optometrists conspired to limit the availability of
contact lenses.
RDA sends out millions of pieces of mail annually, most of which offer
consumers the opportunity to enter a sweepstakes. The SAGs alleged that
these sweepstakes involved fraudulent claims.
Involved claims that the on-line business operated a pyramid scheme.
According to the FTC, the defendants promised consumers that, for a $ 99
"processing" fee, they were guaranteed to receive a Visa card, or, for $ 129,
they were guaranteed to receive both a Visa and a MasterCard credit cards.
Instead, consumers received a packet of information that included a list of
banks to which consumers could apply for the cards.
The governments alleged that Marathon Ashland's refineries produce
substantial pollutants that can cause serious respiratory problems and
exacerbate cases of childhood asthma: nitrogen oxides, sulfur dioxide,
particulate emissions, carbon monoxide, benzene and volatile organic
compounds, in violation of the Clean Air Act.
Petitioners, Midwestern and southeastern states, electric
generating/industrial facilities (EGU's), and other interested parties, sought
review of orders of the Environmental Protection Agency (EPA) promulgating
a rule that requires many nitrogen oxide-emitting facilities in several
Midwestern and southeastern states to conform to emission limits set by the
EPA, pursuant to 126 of the Clean Air Act (CAA), 42 U.S.C.S. 7426.
The lawsuit alleged that companies agreed with with the American
Optometric Association (AOA), to make their lenses available only from eye
care professionals (optometrists, ophthalmologists, and opticians), retail
optical stores or mass merchandisers. This agreement made it more costly
and difficult for consumers to buy lenses from alternative sources such as
pharmacies, the Internet or mail order companies.
Following technical amendments to Environmental Protection Agency's (EPA)
rule mandating that 22 states revise their state implementation plans (SIPs)
to reduce nitrogen oxide (NOx) emissions in order to mitigate nonattainment
of ozone levels in downwind states, petitions for review were filed by states
and other interested parties.
Involved allegations that consumers often were misled by PCH mailings into
believing they had won contests, or that making purchases would enhance
their chances of winning.
This supplemental agreement focuses on growers who have found StarLink
"Cry9C" corn in their inventories, despite the fact that they had not
purchased StarLink-brand seed or grown corn within 660 feet of corn grown
from StarLink seed.
CVS and Revco, prior to its acquisition by CVS, dispensed partial or "short"
prescriptions due to insufficient stock, but billed the government health care
programs for the full quantities of the medication prescribed.
Plaintiff States sought to enjoin Chevron Corporation (Chevron) and Texaco,
Inc. (Texaco) from consummating their merger, arguing that the merger
would significantly impair competition in the markets for refining,
wholesaling, and retailing of gasoline and other motor vehicles; aviation
gasoline and jet fuel; and California crude oil.
According to the Attorneys General, Level Propane increased its price per
gallon of propane after signing contracts with consumers for fixed prices.
When TAP failed to include the free Lupron in the calculation of its best
price as required under the federal Medicaid drug rebate program, the
states alleged that the Medicaid programs received lower rebate amounts
than due.
The Attorneys General and the FTC alleged the defendants did not disclose
that consumers' credit card numbers would be turned over to a third party or
that the defendants would charge consumers if they did not cancel their trial
memberships within a 30 day period.
The states accused the computer giant of abusing its monopoly power to
stifle competition. The states' lawsuit centered on Microsoft's DOS and
"Windows" operating system, and the company's contractual restrictions
imposed on PC manufacturers to tie Windows 98 to its Explorer browser.
Involved consumer protection claims alleging misrepresentations regarding
particular tires that had high rates of separations and alleged
misrepresentations made during the company's tire replacement process.
The states alleged that despite a posted privacy policy promising that
personal customer data would not be sold, sought to sell its customer list
and personal customer data.
States sought to enjoin the proposed merger between Valero Energy
Corporation (Valero) and Ultramar Diamond Shamrock Corporation
(Ultramar), arguing that the merger would substantially lessen competition
in the bulk supply and wholesale marketing of gasoline.
Plaintiff States sought to enjoin Suiza Food Corporation (Suiza) and Stop &
Shop Supermarket Company (Stop & Shop) from consummating their
merger, arguing that the merger would significantly impair competition in
New England for the processing and sale of fluid milk.
Involved charges the company could not substantiate claims its Orkin Foam
System would keep termites from ever returning. The Attorneys General
further alleged Orkin's advertisements implied that its service came with a
full warranty when, in fact, it did not.
The AGs intervened in Quality Farm & Fleet's bankruptcy proceedings after
the bankruptcy court prohibited redemption of consumers' gift certificates.
The Attorneys General requested the court to change its order and allow
more than the $ 800,000 worth of gift certificates held by consumers to be
honored.
According to the Attorneys General, the defendant denied that "Crystal Ear"
was a hearing aid in order to avoid compliance with state and federal laws. In
addition, the defendant made unsubstantiated claims about the
performance of Crystal Ear.
Came after New York conducted undercover sting operations to determine if
retailers complied with state law prohibiting the sale of tobacco products to
people under 18.
Involved claims the three long distance companies advertised their long
distance services for 2 cents or 5 cents a minute without adequately
disclosing the extra fees customers would have to pay to take advantage of
these offers.
The investigation revealed that, for years, Citibank has contracted with
telemarketing firms to sell products and services -- such as discount buying
roadside assistance, credit card loss protection and dental plans. The states
raised concerns that the telemarketing practices of Citibank's business
partners were deceptive and often resulted in consumers being charged for
products and services that they had not agreed to purchase.
The plaintiffs alleged that the firm cheated the borrowers, many of them
elderly homeowners, who were misled into thinking they would pay no
origination fees. The fees actually added up to 24 percent of the loan
amount.
Various petitions for review were filed with respect to final rules issued
pursuant to Clean Air Act (CAA) by Environmental Protection Agency (EPA),
revising national ambient air quality standards (NAAQS) for ozone and
particulate matter (PM).
Brown & Williamson had withheld approximately $ 204 million from its
January payment because of a dispute about the validity of industry wide
figures, which form the basis for calculating certain potential adjustments.
The negotiations, led by General Sorrell, eventually led to Brown &
Williamson's decision to release the funds.
Petitioners, consisting of engine manufacturers, automobile makers, and fuel
refiners, challenged a rule adopted by the Environmental Protection Agency
rule that affected diesel fuel and engines. The rule required reductions in
exhaust emissions starting in 2007 (up to 95% lower than current standards).
Respondents included the Environmental Protection Agency, environmental
groups and states.
The Environmental Protection Agency (EPA) promulgated a final rule to
address regional haze (the Haze Rule), (July 1, 1999), which called for states
to design and implement regional haze programs to clear the air in national
parks and wilderness areas. 40 C.F.R. 81.401 through 81.437. Various
petitioners challenged the Haze Rule and its Best Available Retrofit
Technology (BART) requirements, 40 C.F.R. 51.308(e).
Involved charges that it billed federal and state health care programs for
quantities of medication that exceeded the amounts that were actually given
to customers. The government alleged that Eckerd dispensed partial or
"short" prescriptions, due to insufficient stock, but billed the government
health care programs for the full quantities of the medication prescribed. The
settlement covers the time period of January 1, 1986 to May 1, 2000.
The questionable practices included the billing of outpatient laboratory
services such as chemistry panels, hematology, urinalysis and general health
screening panels.
The Investigation followed an incident last year in which consumers who
subscribed to the company's prozac.com email alert service found that Lilly
had released their email addresses to the hundreds of other subscribers to
the service.
Launched in 2000, the multi-state enforcement effort by the group of
Attorneys General focuses on retailers with poor records of selling tobacco
products to minors.
The suit alleged that ASDC telemarketers called consumers and told them
they had been pre-approved for low interest loans in exchange for an
advance fee of $100, including an enrollment fee of $40 and their first and
last months' payments of $30. Many consumers then realized that their $30
monthly payment was a membership fee for the defendants' rebate savings
club.
According to the Attorneys General, DoubleClick collected consumer data,
while displaying web-page banner ads, all at odds with its privacy policy.
Investigation stemmed from a magazine promotion Ziff Davis ran last
November on its Electronic Gaming Monthly Web site. Insufficient online
security allowed anyone surfing the Internet to access about 12,000
subscription orders for the magazine, one of nine the company publishes.
The governments were concerned about maintaining competition in the
gasoline refining market.
According to the Attorneys General, Amazon failed to disclose how
consumers' data were used and what data were collected. Attorneys General
expressed concern when Amazon considered customer information a
business asset, which it could transfer at any time.
Accused of muscling retail stores into fixing the price of George Foreman
grills, as well as accused of coercing stores into excluding competing grills
from their shelves.
According to the Attorneys General, the defendants notified consumers they
were immediate "winners" of a contest, but failed to disclose that consumers
must solve exceptionally challenging puzzles to win and that fees were
required at each level of the contest.
The suit accused the record labels and retailers of unlawfully colluding to
keep CD prices high between 1995 and 2000, via a practice called "minimum
advertised pricing" (MAP), under which record labels subsidized retailers'
marketing costs if they agreed not to sell the CDs below a certain price.
Officials from 19 states and Washington, D.C., accused the company of
misrepresenting loan terms and keeping cost information from home buyers.
Many borrowers lost their homes or came close to losing them because
monthly payments were higher than expected, the officials alleged.
Charges that the service fleeced callers while promising mystical insights into
love and money.
The states had accused of failing to pay mandated drug rebates to the states'
Medicaid programs for Lipitor, a popular anti- cholesterol medication.
Claims that it overcharged for wholesale electricity during the energy crunch
of 2000-01 by buying and selling natural gas simultaneously at the same price
to make demand appear greater.
The suit alleged that the merger would result in a monopoly in numerous
local multichannel video programming distribution markets, a duopoly in
many more local markets, and a substantial lessening of competition in the
remaining markets, impacting at least 95% of U.S. television households.
Claims that it had misled consumers about the safety of its sport utility
vehicles and failed to disclose known tire failure risks.
products to minors.
Many vendors used free gifts such as airline tickets to induce card holders to
accept offers for items like insurance, club memberships and discount
shopping programs. Often, consumers didn't know that they had an
obligation to cancel during a trial period or have their credit card charged,
according to investigators.
Alleged that the advertisements misrepresented the strength of Zithromax in
comparison to other antibiotics used to treat ear infections among young
children.
Plaintiff States sought to enjoin the merger between Stericycle and Scherer,
alleging that the consummation of the merger would significantly impair
competition for the sale of medical waste hauling, transfer and processing
services in New England.
Involved allegations that CVS charged consumers the full amount for
incomplete prescription fillings and retained the excess payment if the
consumer did not return to pick up the remainder of the prescription.
In separate but coordinated, actions, Plaintiff States sought civil forfeiture
and injunctive relief, alleging that Village Voice Media and NT Media
conspired to restrain competition in local alternative newsweekly markets
through a market allocation agreement.
The suit alleged that Aventis and Andrx violated antitrust laws when they
illegally agreed that Aventis would pay Andrx nearly $ 90 million to stop
Andrx from bringing its less expensive generic version of the heart drug to
market. The suit also charges that an 11-month delay in doing so resulted in
higher prices for consumers and government agencies.
Alleged that Bristol fraudulently listed its patent for Buspar in the FDA's
Orange Book and that the company entered into anticompetitive
agreements with two companies to prevent distribution of generic
buspirone.
The case involved El Paso's alleged abuse of its position in the natural gas
market to manipulate prices for natural gas during 2000 and 2001.
Allegations against the company also included claims that it drove up the
price of natural gas by artificially reducing supply. By unfairly driving up the
price of natural gas, the price of electricity was also artificially inflated.
The AGs intervened in a bankruptcy proceeding to protect consumers
holding gift certificates, store credits, and returnable merchandise.
The case arose because the manufacturing processes at ADM's plants result
in emissions of significant quantities of regulated air pollutants, including
nitrogen oxides, carbon monoxide, particulate matter, sulfur dioxide, volatile
organic compounds (VOCs) and hazardous air pollutants (HAPs).
The SAGs filed suit alleging that Bayer knowingly misreported its best price
to HCFA and underpaid its Medicaid rebates for Cipro and Adalat CC that was
private labeled for Kaiser and PacifiCare from its determination of best
price.
Through a private labeling agreement with Kaiser Permanente, an HMO in
California, Glaxo Wellcome manufactured, packaged and shipped Flonase to
Kaiser, but substituted the Kaiser unique identifying number for the Glaxo
Wellcome unique identifying number on the label. The purpose of the
private labeling arrangement was to provide Kaiser additional price discounts
on Flonase without having to report the discounted price as Glaxo
Wellcomes best price, thereby avoiding the obligation to pay additional
rebates to Medicaid under the Medicaid rebate program.
This settlement resolves charges that the company violated the laws by
making major modifications to its power plants without installing equipment
to control pollution that causes smog, acid rain and soot.
Alleging that the company illegally delayed generic competition for cancer
drug Taxol.
Various environmental groups, two states, and trucking concern petitioned
for judicial review of regulations promulgated by the Environmental
Protection Agency (EPA) to regulate emission of toxic chemicals from fuels.
Environmental organization petitioned for review of two final actions of
Environmental Protection Agency (EPA) regarding ozone control plans for the
Washington, D.C. area.
The allegations stemmed from 2001, when the tax preparation company
charged $ 22 for its optional "Peace of Mind" guarantee (the company's
guarantee to pay up to $ 5,000 of any additional income tax owed due to a
preparer's error) to consumers who were not properly informed they did not
have to buy the service to get their tax returns completed.
The AGs were concerned because "though lead paint hasn't been sold since
1978, it still presents a serious health risk to adults and especially, young
children, when exposed to dust or old surface paint during repainting and
renovations."
According to the Attorneys General, EchoStar failed to disclose a $240 early
termination fee when consumers signed up for Dish Network and refused to
refund any amounts that the consumer prepaid for a year's worth of service.
In addition, EchoStar automatically charged consumers' bank accounts or
credit cards without their authorization.
According to the Attorneys General and the FTC, Leasecomm lured
consumers into attending a seminar on starting a home business by selling
products over the Internet. Vendors used high pressure sales tactics to
convince consumers to purchase products, such as credit card processing
machines, to sell products over the Internet.
This litigation was to resolve disputes over payments required by the 1998
Master Settlement Agreement (MSA).
Allegations that the company offered discounts to physicians to order
Zoladex and advised the physicians to not report the discounts to the
Medicaid and Medicare programs. As a result, the "average wholesale price"
used to calculate the Medicaid and Medicare payments for the drug was
inflated, costing taxpayers millions of dollars.
Involved allegations that Abbott defrauded state Medicaid and federal
Medicare programs through the marketing of its enteral feeding pumps,
which are used to feed patients through their abdomens.
products to minors.
The lawsuit challenged the legality of a $1.55 fee on phone bills that Nextel
said was being charged to recover costs incurred to meet new government
regulations for allowing people to retain their phone numbers when
switching carriers, allocating phone numbers and locating callers in an
emergency.
The government plaintiffs claimed that the case stems from Chevron's failure
to report releases of hazardous substances, and from its failure to implement
a risk management program the Clean Air Act requires.
The states alleged that the presence of tobacco ads in several magazine
publications was a clear violation of the national tobacco settlement
agreement, under which tobacco companies agreed not to market cigarettes
to children or teenagers.
The U.S. Department of Justice and Plaintiff States sought to enjoin the
merger between First Data and Concord, alleging that the merger would
substantially lessen competition in the financial services market.
The agreement came after checks by the FDA and state authorities indicated
that retail outlets operating under the BP or Amoco trademarks sold tobacco
products to persons under 18.
Petitioners, two states and several business and energy policy entities,
sought review of respondent Environmental Protection Agency's (EPA)
response to the appellate court's remands in two cases. In those cases, the
appellate court remanded the EPA's electric generating unit (EGU) growth-
factor determinations, which were used to develop Nitrogen Oxide emission
limits for regulated states and EGUs. Several states intervened in support of
the EPA.
The lawsuit accused the indiviuals of a 20-year conspiracy to rig auctions
which harmed collectors and investors worldwide.
The governments alleged, among other things, that Medco encouraged
prescribers to switch patients to different prescription drugs but failed to
pass on the resulting savings to patients or their health care plans. The drug
switches generally benefited Medco despite Medco's claims that they saved
money for patients and health plans. Medco did not tell prescribers or
patients that the switches would increase rebate payments from drug
manufacturers to Medco.
Allegations that the company illegally encouraged physicians to prescribe the
epilepsy drug Neurontin for treatment of more than a dozen medical
conditions without FDA approval.
Allegations that the company illegally encouraged physicians to prescribe the
epilepsy drug Neurontin for treatment of more than a dozen medical
conditions without FDA approval.
The states initiated the investigation after receiving complaints of so-called
"slamming," in which the company had failed to disclose that "package
prices" didn't include in-state long distance calls or other features and that
New Access pretended to be calling from another phone company.
The company's "Red Carpet" leasing program came under scrutiny when
investigators found that the customers faced charges that were sometimes
higher than the actual balance owed in the lease.
Allegations that Rite Aid dispensed partial or "short" prescriptions due to
insufficient stock but billed government health programs for the full
amounts. Pappert said the company also allegedly returned to stock
medication that was not picked up by consumers, billing the programs for
the medicine as if a customer had obtained the drugs.
Alleged to have dispensed partial or "short" prescriptions due to insufficient
stock, but received full payment from government health programs.
Environmental organization brought Petition for Review from final order of
Environmental Protection Agency (EPA), determining that metropolitan area
had satisfied Clean Air Act (CAA) ozone attainment requirements.
Arose from claims that the states suffered directly from the pollution from
these plants.
Claims that it overcharged for wholesale electricity during the energy crunch
of 2000-01 by buying and selling natural gas simultaneously at the same price
to make demand appear greater.
Wireless carriers previously provided rate maps to consumers that depicted
calling areas across the U.S., indicating where rates were available. According
to the attorneys general, those maps were not always accurate, and
coverage was not necessarily available in the entire calling area.
Arises out of Schering's alleged failure to provide Medicaid programs with
the "best price" available for Claritin, as required by The Federal Medicaid
Drug Rebate statute.
According to the FTC, the two companies each expected to win approval for
a generic version of the product in June 1998. However, a federal rule
change paved the way for Alpharma to receive a marketing edge over
Perrigo, in which Alpharma was allowed six months as the only seller of the
product. Perrigo then asked Alpharma to let it sell its product during
Alpharma's exclusivity period, the FTC alleged.
The Federal Trade Commission and Plaintiff states sued to enjoin the
acquisition of Triton Coal Company, LLC by Arch Coal. The Plaintiffs alleged
this acquisition would significantly lessen competition in coal production in
the Permian Basin.
The agreement was a result of compliance checks by state Departments of
Health. Attorneyg general tobacco enforcement divisions were concerned
because the "numbers were higher than what we would want."
The Plaintiffs sued to enjoin the acquisition of PeopleSoft by Oracle. The
Plaintiffs alleged this acquisition would significantly lessen competition in
high function Human Resource Management software and high function
Financial Management Services software markets.
The governments charged that the air pollutants addressed by the
agreement can cause serious respiratory problems and exacerbate cases of
childhood asthma.
Accused Brown & Williamson of improperly using hip-hop music, cigarette-
package art, promotions such as lighters, flashlights and CD-ROMs, and a
"House of Menthol" Web site in a slick campaign to lure children to smoke.
Accused of sending unwanted ads infuriating fax machine owners by wasting
paper and toner, waking people at all hours of the night, and blocking
legitimate faxes, which can cause lost sales and irritated customers.
Organon was accused of misleading the Food and Drug Administration about
the scope of new "combination therapy" patent in order to extend its control
on the drug and prevent generic versions from being offered. The company
also allegedly delayed listing the patent with the FDA.
Concerns over Cingular Wireless LLC's $41 billion acquisition of AT&T
Wireless Services Inc. The regulators were concerned that wireless
customers in these markets would have had fewer choices for their wireless
telephone service and faced the risk of higher prices, lower quality service
and fewer choices for the newest high speed mobile wireless data services.
Merck pulled its popular Vioxx prescription pain drug from the market on
September 30, 2004 after reports that the medication increases the risk of
heart attack and stroke. The AGs' sought the agreement because Merck's
original Vioxx refund program excluded consumers who destroyed their
supply of the drug on doctors' orders.
TCF Leasing is one of about 40 finance companies that paid NorVergence for
the right to collect on its rental agreements, and continued collection efforts
even after NorVergence was forced into bankruptcy in June 2004.
The governments alleged that the companies entered into and engaged in a
combination and conspiracy to suppress and eliminate competition by fixing
the prices and allocating the volumes of sorbates to be sold in the United
States and elsewhere.
State Farm's records showed that it had properly titled about 2.4 million
vehicles in recent years, but that a smaller number were not properly titled.
Allegations that plaintiff shared personal data from high school student
surveys with marketers.
Consumers claimed they were billed $4.99 per minute by Alyon Technologies
for access to adult Web sites they neither visited nor agreed to purchase. In
some cases, clicking on an innocent looking pop-up window triggered the
download of adult material. In others, children were exposed to adult sites
without parental permission, and parents were later billed.
Claims of harmful air pollution from 11 refineries located throughout the
United States.
Alleging patent misuse and sham litigation designed to prevent generic entry.
Claims by the States Attorneys General that the acquisition of Medi-Span
gave Hearst an illegal monopoly in the market for these databases, and
caused public entity purchasers to pay anticompetitive prices for electronic
drug information.
Alleged that for years Aon received special payments from insurers to the
detriment of its clients. The payments were described as "above and beyond
normal sales commissions."
The complaint alleged that the companies had conspired to engage in
anticompetitive conduct that delayed the availability of a more affordable
generic version of the medication.
According to the AGs, in addition to violating state and federal laws, Internet
cigarette sales increase smoking rates, which in turn lead to increases in
smoking-related illnesses and deaths.
AGs alleged that the plants created harmful emissions that drift across state
lines and cause respiratory problems throughout the Northeast.
AGs alleged that Blockbuster had not sufficiently alerted customers that they
would have to buy items they had rented if they did not return them within
seven days, under its "End of Late Fees" program.
The deal ends investigations into Willis' activities in shopping for insurance
coverage for corporate customers, in particular whether they led to
substantial overcharging for policies.
GE Capital is one of about 40 finance companies that paid NorVergence for
The companies are some of about 40 finance companies that paid
NorVergence for the right to collect on its rental agreements, and continued
collection efforts even after NorVergence was forced into bankruptcy in June
2004.
The ban in this case comes in the wake of a 2003 agreement to eliminate
tobacco ads from classroom editions of Time, Newsweek and U.S. News &
World Report.
State governments, environmental organizations and industrial entities
brought Petition for Review from final order of Environmental Protection
Agency (EPA), challenging agency's rule interpreting New Source Review
(NSR) permitting process for stationary sources under Clean Air Act (CAA).
Involved claims and matters arising from transactions and allegations of
manipulations in the Western energy markets from January 16, 1997,
through June 25, 2003.
products to minors.
De Lage Landen is one of about 40 finance companies that paid NorVergence
for the right to collect on its rental agreements, and continued collection
efforts even after NorVergence was forced into bankruptcy in June 2004.
Claims against Reliant for refunds, disgorgement of profits, billing
adjustments or other monetary remedies stemming from the Commission's
refund proceedings and physical withholding investigation covering the
period January 1, 2000 through June 20, 2001, as well as civil claims.
Involved an investigation of the proposed acquisition of The May
Department Stores Company by Federated Department Stores, Inc. The
merger involved the two largest operators of conventional department
stores.
AGs alleged that Cargill had significantly underestimated emissions from its
operations in 13 states.
AGs alleged that Glaxo set "fraudulent and inflated prices' for two drugs
covered by Medicare and Medicaid.
Allegations that the company used a subsidiary company, Gambro Supply
Corp., to improperly bill Medicaid for providing supplies and equipment to
patients undergoing dialysis at home.
Claims that MCI engaged in a sham royalty scheme to avoid payment of
Pennsylvania taxes from 1999 to 2002.
Involved an investigation into chat rooms where children were solicited for
sex.
AGs alleged Serono knowingly submitted false and fraudulent claims for
Serostim, between 1997 to 2004, that were not eligible for reimbursement
because they were for the unnecessary and/or off-label use of Serostim and
because the claims were for prescriptions induced by kickbacks.
Involved harmful air emissions by more than 53,000 tons per year at the
company's seven United States petroleum refineries.
US Express is one of about 40 finance companies that paid NorVergence for
Alleged that AmeriNet allowed several telemarketers, some of which are
based in Canada, to use AmeriNet as a "third-party processor" for what
turned out to be fraudulent electronic debits or demand drafts from
consumers' accounts without the consumers' express authorization.
Allegations that from 1994-2002, King did not accurately calculate and report
their drug prices to the federal government for the purposes of the Medicaid
Rebate Statute.
Involved the problem of bogus telemarketers and others using the
company's money transfer services for fraudulent purposes.
Both companies are of about 40 finance companies that paid NorVergence
Launched in 2000, the multi-state enforcement effort by a group of 32
products to minors.
Consumers in several states complained about small unreadable print in
advertisements and not being able to understand exactly what their
obligations were to DIRECTV until after they were committed by a contract.
Other complaints included consumers being charged a fee for not activating
DIRECTV in a timely way, paying for but not receiving all local channels they
expected to receive, or about being assessed a fee for terminating service
before the "free programming offer" period expired.
The states alleged that Ameriquest engaged in a hyper-aggressive, high
pressure sales culture that encouraged its sales personnel to engage in
deceptive and fraudulent conduct, including: charging consumers thousands
of dollars in discount points that resulted in higher commissions for sales
personnel but failed to yield a lower interest rate for borrowers; concealing
the interest rate and loan costs during the application process; sending
inaccurate "good faith estimates"; making misleading comparisons between
borrowers' existing loans and Ameriquest's loan proposals; falsifying loan
documents to push through loans, including inflating borrowers' incomes;
pressuring appraisers to inflate the values of borrowers' homes; closing loans
before they were approved by the corporate office; and failing to fund loans
in a timely fashion.
State officials say the sweepstakes promotions were misleading because they
implied that recipients had already won and only needed to make a donation
to receive a prize, but the company in most cases paid out no prize money.
The Attorneys General believe that virtually all sales of cigarettes over the
Internet are illegal because the sellers are violating one or more state and
federal laws, including: (1) state age verification laws; (2) the federal Jenkins
Act (which requires that such sales be reported to state authorities); (3) state
laws prohibiting or regulating the direct shipment of cigarettes to
consumers; (4) state and federal tax laws; (5) federal mail and wire fraud
statutes; and (6) the federal RICO law.
AGs alleged that company knew or should have known that its financing
agreements with more than 200 small businesses were fraudulent. At the
center of the deceptive practices is NorVergence.
The states claim that when consumers made an initial order of a "free" 30-
day trial of dietary supplement pills, Berkeley representatives failed to tell
them they would automatically receive additional shipments and be billed
$39. The company also allegedly often made it difficult for consumers to
cancel shipments or get their money back.
products to minors.
Petitioner States and others petitioned for review of the final actions of
respondent United States Environmental Protection Agency (EPA), alleging
that 40 C.F.R. 52.21(cc), which allowed sources to avoid new source review
(NSR) when replacing equipment, was contrary to the plain text of 42 U.S.C.S.
7411(a)(4) of the Clean Air Act.
The AGs sought this agreement because they claimed research clearly
establishes that alcohol advertising has a significant impact on young
peoples decisions to drink alcohol.
The states discovered that Zurich American failed to disclose it paid
"contingent commissions" to insurance brokers and conspired with brokers
in a scheme to overcharge commercial policyholders.
Investigators for the states found that Time had billed consumers or charged
their credit cards for ''unwanted or unordered'' subscriptions, the attorneys
general said. In addition, automatic renewal offers were made to look like
billing invoices.
AGs alleged that GlaxoSmithKline used frivolous patent-infringement
lawsuits against generic drug makers, triggering automatic extensions of the
patent for Paxil. That delayed the introduction of generic versions of the
drug, resulting in higher prices both for state drug programs and the general
public.
AGs alleged that the company unscrupulously tried to prevent generic
versions of these drugs from entering the market, resulting in higher
prescription prices.
AGs alleged that Yellow Pages, Inc., tricked businesses into paying for
advertising services they never intended to purchase, then referred the debt
to collections if they failed to pay.
The Chevron agreement is part of an ongoing, multi-state enforcement effort
by Attorneys General across the nation to take specific corrective actions to
prevent sales of tobacco products to minors.
The settlement resolved a variety of charges against ACE, including that it
entered into half a dozen sham reinsurance contracts that transferred no
risk, and that it willingly provided bogus premium quotes to help Marsh rig
client insurance placements.
The governments brought suit over concerns that the plant's NOx
contributes to the formation of acid rain and also increases low-level ozone,
which causes smog, and fine PM causes haze. These pollutants can cause
severe respiratory problems and exacerbate cases of childhood asthma.
AGs alleged that it fraudulently paid millions of dollars in undisclosed
commissions to four brokers to steer group annuity business to it.
The multi-state action alleged that The Right Solution mailed an
advertisement to Montana residents labeled as a "Medical Recall Notice."
The notice falsely stated that prescription estrogen and progesterone
products have been the subjects of medical recalls. The Right Solution's
notice said that the products were hazardous to consumers' health and
further claimed that the products could cause breast cancer, cervical cancer
and endometrial cancer. The notice urged consumers to instead use The
Right Solution's product, "YMotion Yam Cream."
The attorneys general consider all Internet cigarette sales to be illegal
because they violate one or more state or federal laws aimed at stopping
sales to underage smokers and collecting sales taxes.
Accused the insurer of improper business practices, which include paying
undisclosed contingent commissions to agents and brokers to steer business
to St. Paul; engaging in so-called ``reinsurance tying'' agreements, in which
reinsurance arrangements are linked to insurance placements; and colluding
with several other insurers in a scheme led by New York-based Marsh Inc. to
rig bids for excess casualty insurance.
The companies were alleged to have made false statements that inflated the
average wholesale price (AWP) of a class of drugs known as anti-emetics,
which help people deal with the side effects of chemotherapy, and other
drugs.
Popular Leasing is one of about 40 finance companies that paid NorVergence
AGs alleged that company failed to provide the Medicaid program with the
lowest drug prices as is required by law, costing taxpayers millions of dollars
in fraudulent payments for drug benefits.
The states and the FTC had alleged that the "Animal Care Certified" logo
stamped on egg cartons since 2002 was misleading to consumers.
The agreement comes after years of complaints lodged against PayPal for
issues ranging from frozen accounts to unauthorized withdrawals from users'
banks.
The company is one of about 40 finance companies that paid NorVergence
The Attorneys General had asserted that Reynolds was violating the 1998
tobacco Master Settlement Agreement's prohibition on targeting youth, and
that it did so through its advertising, marketing, and promotion of flavored
cigarettes.
AGs alleged that the jewelry company engaged in unfair or deceptive trade
practices by failing to adequately inform consumers regarding insurance fees
charged by Friedman's.
Pediatrix improperly billed Medicaid, TRICARE, and the Federal Employee
Health Benefits Program for neonatal care provided by their doctors.
Pediatrix allegedly improperly billed CPT codes applicable to neonatal
services that did not accurately correspond to the medical condition of the
infant or the services provided .
After receiving a September 2006 letter that the Attorneys General of 40
states sent to 13 major motion picture companies, agreed to insert anti-
smoking public service announcements (PSAs) in DVDs of movies in which
smoking is depicted.
In the 1980's, Congress directed the DOE to periodically update existing
efficiency standards for a wide range of consumer products under specific
deadlines. The energy department has failed to issue updated standards and
is as much as 14 years late in developing standards for some products. In
September 2005, after attempting to resolve the delays, a coalition of states
filed suit to compel DOE to catch up on the lapsed deadlines. The lawsuit
sought a binding schedule for issuing more efficient standards.
The alleged scam involved three generic anti-depressant drugs prescribed to
indigent patients in long term care facilities. To get higher Medicaid
payments, Omnicare dispensed Ranitidine, generic Zantac, as capsules
instead of the prescribed tablets; Fluoxetine, generic Prozac, as tablets
instead of the prescribed capsules, and Buspiron, generic Buspar, in two 7.5
milligram doses instead of the prescribed 15 milligram doses.
Allegedly offered free memberships to discount programs without alerting
consumers they would be charged fees up to $99 if they did not cancel
within a specified time.
AGs alleged YP tricked businesses into paying monthly charges by sending
them activation checks valued at $3.25 or $3.50 to prospective customers.
When the checks were deposited, the businesses were automatically
enrolled in YP's Yellow Pages service and charged monthly fees ranging from
$27.50 to $39.95.
AGs alleged that Vonage failed to clearly disclose that customers did not
automatically have the ability to reach emergency personnel by dialing 9-1-1.
At that time, customers had to go through a separate process to activate the
9-1-1 feature.
Investigations into problems caused by music CDs loaded with hidden anti-
piracy software.
AGs argued that the MSA's payment provisions clearly applied to products
made by affiliates of companies that signed the MSA.
The states alleged that Chubb's business steering tactics were among the
most aggressive in the industry. Chubbs own internal committee found from
1999 to 2003, the insurer paid nearly $850 million in contingent
commissions, including nearly $100 million to Marsh alone between 1999
and 2002, according to the states.
The states' alleged that Bayer failed to adequately disclose safety risks
associated with its cholesterol-lowering drug, Baycol.
AGs alleged that the organization was an anticompetitive club where only
select corporations from the health care supply industry were permitted
membership.
AGs alleged fixed prices of Dynamic Random Access Memory (DRAM) in sales
from 1997 through 2002.
Petitioners, environmental organizations and state and local governments,
brought an action challenging the determination of respondent
Environmental Protection Agency (EPA) not to regulate motor vehicle
emissions which allegedly contributed to global warming. Upon the grant of
a writ of certiorari, petitioners appealed the judgment of the U.S. Court of
Appeals for the District of Columbia Circuit which upheld EPA's
determination.
AGs alleged the existence of kickbacks paid to colleges by lenders in
exchange for steering students their way.
Beam Global adopted these measures following talks with state Attorneys
General from around the country regarding youth exposure to alcohol
advertisements.
The participating states and the federal government alleged that from
approximately November 2001 through April 2004, sales representatives at
Medicis targeted pediatricians, urging the doctors to use Loprox as a
treatment for diaper rash. The use of Loprox, which is approved by FDA as a
fungicide for patients over 10 years of age, is not a "medically accepted
indication" for the treatment of diaper dermatitis and other skin disorders in
children under 10.
Allegations that Purdue Pharma engaged in extensive off-label marketing of
OxyContin, a time-released, Schedule II opioid used for pain management of
moderate to severe pain over an extended period of time, and that Purdue
Pharma failed to adequately disclose abuse and diversion risks associated
with the drug in violation of state consumer protection statutes.
AGs alleged that the companies must compensate the Medicaid programs
for damages caused by the misbranding of OxyContin from 1995 through
2005.
The agreement came after a letter from 32 SAGs asking that movie ratings
take into account the use of tobacco in the films, in addition to sex and
violence.
AGs alleged school officers accepted consulting fees from a student loan
company, Student Loan Xpress.
The investigation was triggered by Rite Aid's announcement that it was
purchasing about 1,850 Eckerd and Brooks stores and six distribution centers
mainly on the East Coast from the Jean Coutu Group (PJC), its Canadian
parent.
Petitioners, several states and environmental and industrial associations,
sought review of a final rule of respondent Environmental Protection Agency
(EPA) implementing an 8-hour ozone National Ambient Air Quality Standard,
40 C.F.R. pts. 40, 51, 81, promulgated under the Clean Air Act (CAA), 42
U.S.C.S. 7401 et seq.
AGs alleged companies unlawfully agreed to deny consumers the
opportunity to purchase a less expensive, generic version of the drug.
Allegations that the company failed to adequately maintain the privacy and
security of consumers' personally identifiable information that was in its
control.
Allegations that Microsoft's new Vista computer operating system impedes
access to the Microsoft desktop by Google's desktop search product.
Arose from complaints from customers who said they tried to close their
accounts, only to be thwarted in their attempts or discover they were still
being billed for services that they thought had been canceled.
The government alleged that Du Pont made modifications to its plants which
increased emissions of sulfur dioxide without first obtaining pre-construction
permits and installing required pollution control equipment. The Clean Air
Act requires major sources of air pollution to obtain such permits before
making changes that would result in a significant emissions increase of any
pollutant.
Alleged that Hartford failed to police opportunistic hedge funds that were
market timing or making rapid trades in and out of its variable annuities.
Allegations that the company sold ICDs without disclosing that the medical
devices had wiring problems that could result in potentially fatal short
circuits.
Government charged that FirstGroup's proposed acquisition of Laidlaw
would violate the federal Clayton Act and Maine's and other states' antitrust
laws.
Northeastern states and eastern Canada claim that smokestack emissions
from midwestern and southern power plants drift hundreds of miles on
prevailing winds, causing acid rain and contributing to the formation of
ozone pollution in the Northeast.
Today's agreement with Kroger is the eleventh settlement reached by the
multistate enforcement effort covering more than 80,000 retail outlets
across the nation.
Allegations of anti-competitive practices, three years after the Bermuda
insurer and other carriers were first accused of conspiring with broker Marsh
to engage in such acts.
Allegations that Student Financial Services (SFS), a company that uses
marketing campaigns to originate college loans on behalf of other lenders,
was involved in a revenue-sharing scheme to provide financial incentives to
some of the nation's top universities, school athletic departments and sports
marketing firms for generating loan applications.
Sued over a nine-page advertising display in Rolling Stone that uses cartoons
to jointly promote Camel cigarettes and Indie Rock music - a blatant violation
of the tobacco Consent Decree and Master Settlement Agreement (MSA).
The states accused Travelers of paying undisclosed contingent commissions
to agents and brokers that agreed to steer business to the insurer and
colluding in a scheme with Marsh to rig bids for excess casualty business.
The states began investigating the operation after disclosures that thousands
of sex predators were using the service.
AGs alleged that AIG participated in deceptive insurance bid-rigging, price-
fixing and other schemes in the commercial insurance market. Marsh &
McLennan devised the scheme to mislead large and small companies,
nonprofit organizations and public entities into believing they were receiving
the most competitive commercial premiums available.
Merck sold three drugs to hospitals at discounts of 92 percent subject to
market share, volume purchase and bundling pricing agreements, but failed
to report them in its "best" price reports, state and federal authorities
alleged. As a result, between 1996 and 2006, the company underpaid its
rebates to the states by hundreds of millions of dollars.
States and others petitioned for review of Environmental Protection Agency
(EPA) rules regarding the emission of hazardous air pollutants (HAP) from
coal and oil fired electric utility steam generating units.
An investigation conducted by the United States Department of Justice (DOJ)
and the National Association of Medicaid Fraud Control Units (NAMFCU)
revealed that Aventis caused false claims to be submitted to federal
healthcare programs by inflating the average wholesale price (AWP) of their
drug, Anzemet, which is used in oncology and radiation treatment to prevent
nausea and vomiting.
Allegations that CVS was deceptive when it encouraged patients to switch
prescription drugs under the guise of saving money.
AGs alleged that HCI violated state consumer protection laws by offering
prospective purchasers a free sample of its merchandise, including hosiery.
After consumers responded to direct mail solicitations, they were
automatically enrolled in the company's "continuity sales plan" without their
knowledge. Thereafter, if consumers did not cancel the plan, the company
would immediately follow up with more shipments the purchaser did not
request.
AGs alleged Barr illegally received a payment of $20 million from another
company to keep Barr from marketing a lower-priced generic version of
Ovcon, a prescription oral contraceptive.
Allegations that the company engaged in deceptive business practices by
using "live" activation checks to obligate businesses and organizations to pay
for a preferred business listing.
Alleged that CVS improperly switched patients from the tablet version of the
prescription drug Ranitidine (generic Zantac) to a more expensive capsule
version in order to increase Medicaid reimbursement.
The inquiry alleged that the division's program limited retail price
competition by barring retailers from advertising furniture at prices below
the company's set price.
The investigation arose out of various concerns that Facebook was not doing
enough to promote online safety.
Allegations that it downplayed cardiovascular risks caused by the COX-2
inhibitor Vioxx in direct-to-consumer advertisements dating back to 1999.
The states allege that Express Scripts engaged in unfair business practices by
not clearly disclosing all details about the drug switching process. On
occasion, the company may also have unfairly communicated the cost
benefits from switching prescriptions.
The settlement resolves claims that Walgreens violated various state and
federal statutes and regulations by switching dosage forms of three
medications commonly prescribed for Medicaid patients, causing Medicaid
programs nationwide to pay substantially more for these drugs than they
otherwise would have.
Federal officials accused the companies of failing to obtain storm water
permits before construction begins at a site and sometimes not acquiring a
permit at all. They also are alleged to have failed to prevent the discharge of
pollutants such as silt and debris.
JK Harris is a tax-relief company that claimed it could settle debts with the
Internal Revenue Service for "pennies on the dollar." Financial Recovery
System is a credit-repair company that sent out bogus notices to make
people think they needed credit help.
Involved accusations that its marketing for the caffeinated alcoholic drinks
targets those under the legal drinking age.
The problem addressed by the AVC is the high number of "fraud-induced
transfers"- that is, money wired by consumers to fraudulent telemarketers
and other scam artists.
Charges that the New York-based pharmaceutical company illegally
promoted the sale of Abilify, an anti-psychotic drug, for pediatric use and to
treat dementia-related psychoses. Also, the Government alleged that BMS
knowingly misreported its best price for the anti-depression drug, Serzone.
According to NCTA, the cable companies represented by the association
provide broadband internet service to 87 percent of all homes in the U.S.
This agreement arose out of concern about child sexual abuse online.
Plaintiffs challenged 40 C.F.R. 122.3(a) which exempted certain marine
discharges from the permitting scheme of the CWA. Specifically, 122.3(a)
provided that the following vessel discharges into the navigable waters of
the United States did not require permits: discharge of effluent from
properly functioning marine engines; discharge of laundry, shower, and
galley sink wastes from vessels; and any other discharge incidental to the
normal operation of a vessel, including the discharge of ballast water.
Petitioner 11 states, two municipalities, and four public interest
organizations petitioned for review of 49 C.F.R. pt. 533 issued by the National
Highway Traffic Safety Administration (NHTSA) concerning fuel economy
standards for light trucks. Petitioners challenged the rule under the Energy
Policy and Conservation Act of 1975 (EPCA), 49 U.S.C.S. 32901-32919, and
the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.S. 4321-
4347.
An investigation determined that First Regional processed income from
online tobacco retailers throughout the United States. The investigation
included a sting against one of the largest online tobacco retailers, Scott
Maybee. It was found that First Regional broke the law by allowing Maybee
to process thousands of tobacco sales through the bank.
Involved allegations that Cephalon promoted the drugs Provigil, Gabitril, and
Actiq for uses other than what the Food and Drug Administration approved.
Cephalon also funded continuing medical education programs, through
millions of dollars in grants, to promote off-label uses for these drugs.
The government alleges the claims were false because the drug chain was
entitled to reimbursement from the Medicaid programs only for the amount
the Medicaid beneficiary would have been obligated to pay Walgreens had
the claims been submitted solely to the private insurers, typically the co-
payment amount, yet it knowingly submitted claims to the Medicaid
programs in excess of the co-pay amount. As a result of this improper billing,
Walgreens received reimbursement amounts from the states' Medicaid
programs that were higher than it was entitled to receive.
AGs alleged that Countrywide, the nation's largest mortgage lender prior to
its July 2008 acquisition by Bank of America, deceived borrowers by
misrepresenting loan terms, loan payment increases, and borrowers' ability
to afford loans.
In 2001, Eli Lilly began an aggressive marketing campaign called 'Viva
Zyprexa.' As part of that campaign, Lilly allegedly marketed Zyprexa for a
number of off-label uses including pediatric use, for use at high dosage
levels, for the treatment of symptoms rather than diagnosed conditions and
in the elderly for the treatment and/or chemical restraint of patients
suffering from dementia.
The investigation arose out of the AGs' finding that 47 percent of underage
youths who have acknowledged buying cigarettes illegally report that they've
done so at gas station convenience stores.
A state investigation concluded that Pfizer engaged in an aggressive,
deceptive and unlawful campaign to promote Bextra off-label for uses that
had been expressly rejected by the Food and Drug Administration (FDA).
The States alleged that ERCA offered gift cards to educators for distributing
the surveys to students for the purpose of collection of personal information
without disclosing to the students or their parents a method of opting out of
the survey.
The states were concerned about the advertising on the "erotic services"
portion of the website.
AGs alleged that victims were still being required to make rental payments
on a telecommunications device that is worthless, involving defunct
NorVergence, Inc.
Combining Republic Services and Allied Waste raised concerns because it
would create the nation's second-largest solid waste management company
with more than $9 billion in annual sales.
The officials alleged that the College Board gave inappropriate discounts to
colleges that promoted its services, effectively directing students to loans
that were not their best or least expensive options.
The states alleged that the Airborne made health-related claims in the
marketing, packaging, advertising, offering and selling of their line of dietary
supplements that were not substantiated by reliable and competent
scientific evidence at the time the claims were made.
Involved an investigation over Chinese-made lead-tainted toys shipped to
the U.S. in 2007.
AGs had complained marketing stated that the stimulants reduced drinkers'
sense of intoxication and were marketed to young drinkers, who were
already more likely to have risky behaviors in driving and other activities.
Allegations that it illegally concealed a side deal with the generic drugmaker
Apotex to block introduction of a generic form of Bristol's blood-thinning
drug Plavix.
Marsh allegedly made collusive arrangements whereby brokers entered into
agreements with insurers to receive undisclosed compensation and engaged
in anticompetitive conduct in the market for commercial liability insurance.
AGs alleged company violated the tobacco Master Settlement Agreement by
distributing decorative tin signs to consumers that featured its "Natural
American Spirit" cigarettes brand name.
Owners of minority-oriented radio stations had asserted that Arbitron's
estimates of their audience size dropped significantly when the new system,
called portable people meters, were introduced in New York, Philadelphia
and surrounding regions. A coalition of minority radio broadcasters said that
the lower ratings would ''disenfranchise minority communities and have a
devastating impact on small businesses.''
The states claimed that the company misled customers with its financing
offers and failed to honor warranties, service contracts and rebates.
Between 1999 and 2005, company began an aggressive marketing campaign
called Viva Zyprexa! As part of that campaign, the company willfully
promoted the sale and use of Zyprexa for certain uses which the FDA had not
approved. Not only was the drug marketed to psychiatrists, but also to
primary care physicians, for such unapproved uses as the treatment of
depression, anxiety, irritability, disrupted sleep, nausea and gambling
addiction.
A 2006 rule set mercury emissions standards for new cement kilns but not
for existing units. EPA had said it could not establish an emissions limit for all
plants because emissions are highly variable from plant to plant. Following
this determination, several states and other groups sued.
This dispute arose when the FDA sent a letter to Bayer, expressing concern
that Bayer was advertising Yaz with misleading statements indicating the
drug could be used to treat unapproved symptoms, including the relatively
common premenstrual syndrome (PMS). The states claimed this violated a
2007 multi-state agreement in which Bayer agreed not to make false
marketing claims about any of its products.
JBS sought to acquire National Beef Packing, Inc. The U.S. Department of
Justice and 13 states sued to block the transaction, which, according to the
complaint, would substantially restructure the beef packing industry,
eliminating a competitively significant packer and placing more than 80
percent of domestic fed cattle packing capacity in the hands of three firms:
JBS, Tyson Foods Inc., and Cargill Inc.
Involved alleged air pollution violations at Frontier's refineries in Cheyenne,
Wyo. and El Dorado, Kan.
The associations challenged the EPA's 2006 revisions to its national ambient
air quality standards (NAAQS) for fine and coarse particulate matter (PM)
promulgated under the Clean Air Act.
Defendants previously claimed that persons who drink Enviga can burn 60 to
100 calories per day and lose weight. The Attorneys General questioned the
research that the companies claimed supported this claim.
Environmental groups, states, and industry associations petitioned for review
of final rule promulgated by Environmental Protection Agency (EPA)
pursuant to Clean Water Act (CWA), regulating cooling-water intake
structures at existing power plants. Petitions were consolidated by Judicial
Panel on Multidistrict Litigation, and transferred.
Plaintiffs, environmental groups, states, and a foreign province, sought
judicial review of the National Pollutant Discharge Elimination System Water
Transfers Rule, 40 C.F.R. 122.3(i). Defendants, the U.S. Environmental
Protection Agency and others, filed a motion to stay the consolidated
proceedings pending the United States Court of Appeals for the Eleventh
Circuit's resolution of several consolidated petitions pending before it.
The company was pressed by state attorneys general to jettison the heading
of erotic services, which officials said was a platform to promote for
prostitution.
Based upon the multi-state investigation, the states allege that CSI has
engaged in a pattern of violating state laws over a substantial period of time.
Among other things, CSI telephone solicitors are alleged to have: 1)
misrepresented how much of the donated funds actually go to the charity; 2)
misrepresented what would be spent in the donor's local community; 3)
harassed call recipients; 4) falsely claimed to be law enforcement officers or
veterans, and 5) falsely claimed a person had made a pledge when they had
not. In addition, CSI used local post office boxes in the communities in which
it was fundraising to make it appear that the charity was local.
The government entities alleged that In order to avoid triggering a new best
price that would obligate it to pay millions of dollars in additional drug
rebates to Medicaid, Aventis entered into "private label" agreements with
the HMO Kaiser Permanente that simply repackaged Aventis's drugs under a
new label.
The states allege that Michelin's fuel efficiency advertisements did not
adequately disclose that the advertised costs savings were based solely on
savings in fuel costs. There are factors other than fuel efficiency that might
affect the savings a consumer could achieve by choosing one tire over
another, such as initial cost of the tire, average life of the tire in terms of
mileage. Further, the states review of Michelin's own studies indicates that
its tires are only the most fuel efficient in 78 percent of its classes of tires.
Involved allegations that TJX ignored flaws in the configuration of its
computer network and failed to take sufficient steps to protect customer
information - allowing hackers to access its unsecured network and operate
undetected for more than a year, leaving tens of millions of consumers
vulnerable to identity theft.
Petitioners, several states, counties, and industrial entities, sought review of
respondent Environmental Protection Agency's promulgation of area
designations for the national ambient air quality standard for fine particulate
matter, arguing the methodology for designating areas as "nonattainment"
for the standard violated 42 U.S.C.S. 7407(d) of the Clean Air Act (CAA), and
the methodology and its designations were arbitrary and capricious.
Petitioners, an environmental group and several state and local entities,
sought review of a final rule of respondent Environmental Protection Agency
(EPA) promulgated to implement the 8-hour ozone National Ambient Air
Quality Standard (NAAQS) under the Clean Air Act (CAA).
The investigation centered on allegations the companies kept quiet the
results from an unfavorable study, violating consumer protection laws.
Involved allegations that it engaged in unfair and deceptive sales practices,
including failing to make adequate disclosures to consumers and charging
credit cards and bank accounts without proper authorization.
The suit alleged that Aleris failed to demonstrate compliance with emission
standards through valid performance testing, to design and install adequate
capture and collection systems, to correctly establish and monitor operating
parameters, and to comply with recordkeeping and reporting requirements.
AGs alleged that certain test kits manufactured by NID and used by
laboratories to measure parathyroid levels in blood samples, produced an
unacceptable level of elevated results.
The states challenged a Bush Administration rule reversing the Clinton-era
"roadless rule." In place of blanket federal protections for wilderness areas,
the rule adopted in 2005 established a process for developing a series of
state-specific rules that would determine which areas would remain roadless
and which would be opened to roadbuilding for timber, mining, and
recreation interests.
In addition to the improper off-label marketing, Pfizer is alleged to have paid
illegal remuneration to health care professionals to encourage them to
promote and prescribe Bextra, Geodon, Lyrica, Zyvox, Aricept, Celebrex,
Lipitor, Norvasc, Relpax, Viagra, Zithromax, Zoloft and Zyrtec. These
payments allegedly took many forms, including entertainment, cash, travel
and meals. Federal law prohibits payment of anything of value in exchange
for the prescribing a product paid for by a federal health care program.
Ten states, Washington, D.C. and New York City, and a number of
environmental groups challenged EPA's failure, under Section 111 of the
Clean Air Act, to establish a new source performance standard for carbon
dioxide from new, modified, and reconstructed stationary sources. The case
had been stayed pending the Supreme Court's decision in Massachusetts v.
EPA.
The states alleged that: (1) Pfizer engaged in unfair and deceptive practices
by marketing Geodon for a number of off-label uses that were not approved
by the U.S. Food and Drug Administration (F.D.A), (2) Pfizer misrepresented
the safety and efficacy of Geodon, and (3) Pfizer illegally promoted the drug
for unapproved uses such as pediatric use and use at high dosage levels.
Involved allegations that it had sold innovator drugs that were manufactured
by other companies and had classified those drugs as non-innovator drugs
for Medicaid rebate purposes. As a result of the improper classification of
these drugs, the companies underpaid their rebate obligations under the
Medicaid Rebate Program.
Involved litigation of behalf of students who obtained non-government
guaranteed educational loans to attend a now-bankrupt helicopter training
school, Silver State Helicopters.
AGs alleged Omnicare solicited and received $8 million in payments in
exchange for the company's agreement to purchase $50 million in generic
drugs from IVAX Pharmaceuticals and to drive utilization for the generic
drugs for its nursing home patients.
AGs alleged that Vonage made it difficult or impossible to cancel their
service.
According to the complaint, Stericycle and MedServe are the only two firms
able to compete for customers that generate large quantities of infectious
waste in Kansas, Missouri, Nebraska and Oklahoma.
The attorneys general alleged that certain vitamin manufacturers conspired
and fixed prices of vitamin ingredients that they sold to food processors and
drug manufacturers.
Asarco filed bankruptcy in Texas in 2005. The federal government and 16
states then began settlement negotiations on various environmental claims.
The states alleged that air pollution emissions from Duke Energy's Gallagher
plant contribute to smog and soot pollution. These pollutants threaten
human health and are directly linked to increases in asthma attacks and lung
diseases. They also are primary contributors to acid rain.
The suit alleged that the companies thwarted generic competition to Tricor
using a variety of strategies including a practice called product hopping.
Under this practice, the states alleged the companies made various clinically
insignificant changes in the dosage and form of Tricor, abandoned the
promotion of and removed older versions of TriCor from the market, and
manipulated the drug codes used to facilitate generic substitution.
It was alleged that FORBA was liable for causing the submission of claims for
reimbursement for a wide range of dental services provided to low-income
children that were either medically unnecessary or performed in a manner
that failed to meet professionally-recognized standards of care. These
services included performing pulpotomies (baby root canals), placing crowns,
administering anesthesia (including nitrous oxide), performing extractions,
providing fillings and/or sealants, and inappropriately using behavior
management techniques to restrain child patients.
The AGs alleged that emissions from Lafarge's Ravena cement plant, and
those located in upwind states such as Ohio and Pennsylvania, contribute to
smog and soot pollution in the vicinity of Ravena as well as in other areas of
New York. These pollutants threaten human health and are directly linked to
increases in asthma attacks and lung diseases. They also are primary
contributors to acid rain, which has severely damaged lakes, forests, and
wildlife throughout New Yorks Adirondack and Catskill regions.
The AGs alleged that Vonage enaged in: unauthorized or questionable
charges; inability or difficulty in canceling service; and confusion about the
need for consumers to already have high-speed Internet service and to
purchase additional equipment in order to receive Vonage service.
The Complaint alleges that Saint-Gobain constructed or made modifications
to some or all of the 31 furnaces at the companys 15 facilities, resulting in
increased emissions of nitrogen oxide (NOx), sulfur dioxide (SO2) and/or
particulate matter (PM), without first obtaining pre-construction permits and
installing required pollution control equipment, in violation of: The Clean Air
Act (CAA) Nonattainment New Source Review and Prevention of Significant
Deterioration provisions, 42 U.S.C. 7470-7492, 7501-7515; The State
Implementation Plans (SIPs) in each of the states where the facilities are
located, 42 U.S.C. 7410.
According to the Complaint, the parties announced their merger shortly after
Live Nation had entered the concert ticketing business as Ticketmasters
closest competitor. The complaint alleged that consumers and major concert
venues would face higher ticket service charges as a result of the merger.
The settlement resolves outstanding issues between Western Union and AGs
over how to prevent abuses of consumer-to-consumer money transfers.
These differences have led to court cases and regulatory actions, with
authorities asserting that Western union was not doing enough to detect and
prevent the abuse of its services.
The settlement comes as a result of an alleged scam that saw fake merchants
calling consumers pretending to sell a product of service. When consumers
would give their bank account information to complete the purchase, the
information was sent to Your Money Access to remove money from the
consumers' accounts
The privately held company based in New Mexico was founded in 1982 and
has been advertising their American Spirit cigarettes as addictive-free. On
their Web site they boast that Santa Fe Natural Tobacco Company's product
may be the "closest thing to a peace pipe."
FTC and states said LifeLock made false claims about its ability to prevent
identity theft, as the services provide no protection against misuse of existing
accounts, which is the most common type of identity theft, or medical or
employment identity theft.
The complaint alleged that because ES&Ss acquisition of Premier joined the
two closest competitors in the provision of voting systems, it was likely that
states and local governments would have seen higher prices and a decline in
quality and innovation in voting equipment systems.
The states primary contention has been that both Young America and its
clients failed to report and remit the proceeds of uncashed rebate checks as
required by the states unclaimed property laws. Young America allegedly
offered discounted services to customers if they allowed Young America to
keep any slippage the value of rebate checks that remained uncashed by
consumers.
It was alleged that during the period of January 1, 2000 through December
29, 2008, Alpharma offered and paid for training programs, consulting
forums, research grants, speakers bureaus and made or disseminated false
statements about the safety and efficacy of Kadian, all of which was done to
induce health care providers to prescribe Kadian.
The complaints allege violations of Clean Air Act requirements covering the
four main sources of emissions of sulfur dioxide (SO2), nitrogen oxides (NOx),
volatile organic emissions (VOCs) and benzene at each of the three Shell
Chemical refineries.
The settlement is part of an ongoing effort by the states that has led to
agreements with other retailers, including 7-Eleven, CVS and all stations
operating under the Exxon, Mobil and Chevron brand names
The government alleges a pattern of violations that was discovered by
reviewing documentation submitted by the company, and through federal
and state site inspections. The alleged violations include failure to obtain
permits until after construction had begun, or failing to obtain them at all. At
sites with permits, violations included failure to prevent or minimize the
discharge of pollutants such as silt and debris in storm water runoff.
International drug manufacturer AstraZeneca allegedly paid for physicians to
travel to resort locations to advise the company about how to market the
drug for unapproved uses. The company also paid the physicians to serve as
authors of articles written by AstraZeneca and its agents, and to conduct
studies for unapproved uses of Seroquel. The settlement resolves claims
that, as a result of these promotional activities, AstraZeneca caused
physicians to prescribe Seroquel for children, adolescents and dementia
patients in long-term care facilities, which are not medically accepted uses
that state Medicaid programs would reimburse.
The Food and Drug Administration (FDA) approved Topamax to treat
epileptic symptoms and to aid in the prevention of migraine symptoms.
Despite those limited applications, from 2001 through 2003, it is alleged that
Ortho-McNeil-Janssen marketed Topamax for a variety of psychiatric
conditions, including, but not limited to, bipolar disorder and drug and
alcohol dependency. As a result, government health care programs, including
the Michigan Medicaid program, paid for more Topamax prescriptions than
they should have.
The government alleges that Schwarz misrepresented the regulatory status
of both drugs and failed to advise CMS that these unapproved drugs did not
qualify for coverage under federal health care programs. As a result, the
government contends, Schwarz knowingly caused false claims to be
submitted for Deponit and Hyoscyamine Sulfate ER. Ultimately, neither
Deponit nor Hyoscyamine Sulfate ER ever received full regulatory approval
for safety and effectiveness, and neither product is currently on the market.
Novartis allegedly promoted the drug TOBI, an inhaled antibiotic to treat
cystic fibrosis, for uses unapproved by the Food and Drug Administration
(FDA). Doctors may prescribe drugs for unapproved uses, but pharmaceutical
companies are prohibited from marketing them for such treatments. Federal
and state authorities alleged that Novartis illegally promoted TOBI for
treatment of diseases other than cystic fibrosis and for cystic fibrosis patients
who fail to meet FDA approval criteria.
Plaintiff states challenged the acquisition of Kerasotes by AMC on the
grounds that it would reduce competition in markets in Colorado, Illinois and
Indiana.
The multi-state group filed a complaint in federal district court in July 2006
alleging that California's consumers, state agencies, universities and local
governments were forced to pay illegally inflated prices for products
containing Dynamic Random Access Memory computer chips.
As a result of its manufacturing processes, McWane emits pollutants, such as
particulate matter, volatile organic compounds (VOCs) and mercury at
various facilities. The settlement resolves civil violations during the past
decade of the Clean Air Act the Clean Water Act, the Resource Conservation
and Recovery Act, the Emergency Planning and Community Right-to-Know
Act, the Toxic Substances Control Act, the Safe Drinking Water Act, and the
Comprehensive Environmental Response, Compensation and Liability Act.
Teva Pharmaceuticals, Inc., allegedly reported false prices to the Texas
Medicaid program. The alleged fraud was conducted in Florida and California
as well.
Topix also has removed the "flagging" option for reporting abusive posts. The
option was ineffective and confusing for consumers as it required multiple
users to "flag" a post before it was reviewed. As a result, many inappropriate
posts consumers thought they had reported were never reviewed.
The settlement addresses allegations that InterMune of Brisbane, California
marketed Actimmune for uses that had not been approved by the Food and
Drug Administration (FDA). The FDA approved Actimmune to treat two rare
diseases, chronic granulomatous disease (an inherited immune disorder) and
severe, malignant osteopetrosis (a disorder that weakens the bones).
However, between January 2001 and June 2003, InterMune promoted
Actimmune for a use which the FDA had not approved, the treatment of
idiopathic pulmonary fibrosis (a condition that harms lung tissue).
A lawsuit alleged that Allergan promoted Botox for uses other than what the
U.S. Food and Drug Administration approved it for. While the FDA approved
it for strabismus, blepharospasm, cervical dystonia and underarm sweating,
Allergan also allegedly claimed Botox would help those suffering from
headaches, pain, overactive bladders and spasticity. Under their marketing
plan, Allergan allegedly provided physicians with "free" reimbursement
services and support. This allegedly included coaching physicians to use a
muscle spasm code in order to obtain a fraudulent reimbursement. The
company also allegedly funded medical education programs, honoraria and
grants to promote unapproved uses for Botox in the healthcare community.
The AGs had sent a letter to Craigslist asking them to remove the adult
services portion of their website.
Derrelle Janey was president of Your Money Access, LLC from 2003 to 2006.
According to a 2007 complaint filed by the FTC and states, the company
processed unauthorized debits on behalf of deceptive telemarketers and
Internet-based schemes that were violating the FTC's Telemarketing Sales
Rule and state and federal consumer protection laws. The company allegedly
played a critical role in helping many of its clients carry out these schemes by
providing access to the banking system and the means to extract money
from consumers' bank accounts.
Settled allegations that Publishers Clearing House violated a 2001 consent
decree prohibiting it from using false and deceptive trade practices to entice
consumers to participate in its sweepstakes.
Forest Pharmaceuticals, Inc., was named in a lawsuit by the federal
government and several states for allegedly engaging in criminal sales tactics,
including directing salespeople to promote the pediatric use of Celexa in calls
to physicians who treat minors and hiring speakers to talk to pediatric
specialists about the benefits of prescribing the drug to young children and
teens.
The states alleged Omnicare defrauded Medicaid programs in Michigan and
Massachusetts by overcharging the agency for drugs.
The complaint alleges violations of Clean Air Act requirements covering the
four main sources of emissions sulfur dioxide (SO2), nitrogen oxides (NOx),
volatile organic compounds (VOCs) and benzene at each of the refineries.
Trileptal is an anti-epileptic drug approved by the FDA to treat partial
seizures in patients who have epilepsy. Novartis allegedly promoted the drug
to health care professionals to induce physicians to prescribe Trileptal for
unapproved uses such as the treatment of bipolar disorder and neuropathic
pain. Novartis also offered and paid illegal reimbursements to health care
professionals to promote and prescribe Trileptal. The settlement also
resolves allegations that from Jan. 1, 2002 to Dec. 31, 2009, Novartis
provided illegal compensation -- payments for speaker programs, advisory
boards and the giving of gifts, (including entertainment, travel and meals) --
to health care professionals to induce them to promote and prescribe the
drugs Diovan, Zelnorm, Sandostatin, Exforge, and Tekturna.
American Express, Visa and MasterCard allegedly impose restraints on
merchants that keep information about cheaper payment methods such as
cash or credit cards that offer lower transaction fees to businesses from their
customers.
The deal settles accusations that World Savings and Wachovia
misrepresented and failed to disclose material terms to consumers who took
out adjustable rate mortgages, known as Pick-a-Pay loans.
The former General Motors Corporation allegedly engaged had
environmental liabilities under the Comprehensive Environmental Response,
Compensation and Liability Act, the Resource Conservation and Recovery Act
and state environmental laws.
GlaxoSmithKline allegedly sold Medicaid, whose cost is shared by the federal
government and the states, four drugs that were defective or contaminated
because of poor manufacturing practices at the companys Cidra, Puerto Rico
plant.
Thr complaint alleges that Bayer knew, or should have known, that its
advertisements made misleading claims about the mineral selenium, which is
found in its One-A-Day Men's Health Formula and One-A-Day Men's 50+
multivitamins. The ads claimed that "emerging research" suggested selenium
may reduce the risk of prostate cancer.
Attorneys general alleged the company and its owner, Bernaldo Dancel,
misled consumers into believing they would receive debt management
services from nonprofit organizations when, in fact, AscendOne performed
the services. The states also alleged that consumers frequently did not
receive promised credit counseling and that some did not benefit at all from
the debt management plans.
U.S. Fidelis - the largest seller of extended vehicle warranties in the United
States before its collapse and bankruptcy in early 2010 - was accused of
numerous unfair and deceptive business practices involving car warranties.
Alleged that in order to induce doctors to utilize Ameritox's urine testing
services, each time a doctor submitted a urine test to Ameritox they were
paid an illegal kickback of $10. To reward doctors who ordered large
numbers of urine tests, Ameritox placed so-called "collectors" in their offices
and paid these "collectors" illegal kickbacks to fill out the paperwork
necessary to submit the urine samples to Ameritox for testing.
Soils, sediments and water bodies in the vicinity are contaminated with high
levels of mercury, lead and other heavy metals due to the munitions
operations that occurred at the site since World War I, it was alleged.
Resolves alleged Clean Water Act violations at its construction sites in 21
states.
Alleged that it participated in a nationwide scheme to allegedly rig bids and
engage in other anticompetitive conduct relating to municipal bond
derivatives that defrauded state agencies, local governmental entities and
not-for-profit entities.
The allegations resolved are that Kos engaged in off-label marketing of
Advicor and Niaspan and paid kickbacks to doctors through the use of quality
initiatives, coupon programs, preceptorships, and local Advisory Boards.
Advicor was approved by the federal Food and Drug Administration (FDA) as
an adjunctive or second line therapy after diet and lifestyle changes and
other medications failed to lower overall cholesterol levels. Kos marketed
Advicor as a first line therapy which was not a use approved by the FDA.
Attorneys general launched their investigation into DIRECTV after receiving
numerous complaints from consumers about billing problems, programming
problems and DIRECTV's practice of charging early termination fees after
consumers cancelled their service.
The case involved allegations that between 2000 and 2005 the company
improperly marketed its anti-epileptic drug, Zonegran, for off-label purposes.
The AGs alleged that Dannon's claims when it advertised, marketed,
packaged and sold Activia and DanActive were not backed by competent and
reliable scientific evidence at that time. Specificially, the states alleged that
Dannon misleadingly claimed consuming Activia would regulate the digestive
system due to a bacterial strain with purported probiotic benefits. DanActive
was marketed as a drink that would build immunity and prevent people from
catching a cold or the flu. In reality, these claims were not backed by
adequate scientific proof.
This company allegedly bought Zonegran from Elan, and continued to
improperly promote Zonegran.
The agreement settles a lawsuits that state attorneys general and New York
City filed to compel EPA to limit greenhouse gas pollution from electricity
generators . Specifically this involved EPAs promulgation of Section 111
standards for the utility sector, which lacked emissions standards for
greenhouse gases.
This lawsuit sought to require the EPA to issue standards for greenhouse gas
emissions from new and existing petroleum refineries.
Public agencies faced issues with the service agreement when using the
Facebook site.
Settlement places conditions on the $30 billion joint venture between of
Comcast and NBC Universal to safeguard innovation and protect consumer
choice.
The violations alleged in the complaint consist of National Pollution
Discharge Elimination System (NPDES) permit limit exceedances for
manganese, total suspended solids (TSS), pH , iron, aluminum, and selenium.
The violations occurred from January 2003 to December 2010.
The lawsuit sought to block the enforcement of a midnight regulation
because it jeopardized womens access to vital medical services, including
emergency contraception. It also threatened Connecticuts eligibility for
billions of dollars in federal funding if health care providers continued to
follow state law requiring them to give women information about and access
to reproductive health services, particularly emergency contraception.
States alleged that salespeople for AstraZeneca promoted its anti-psychotic
Seoquel for off-label/ or unapproved uses, and did not disclose side effects of
the pill, which include weight gain and muscle spasms.
The states found AIM falsely advertised to consumers that its sales events
included repossessed or governmental surplus vehicles when in reality the
cars sold at these events originated from a dealership's existing inventory.
AIM advertised its promotions on television and radio or in newspapers and
on the Internet.
In April 2009, Dean acquired Foremost's consumer products division,
including its dairy-processing plants in Waukesha and De Pere, Wis. The
department learned of the transaction, which was below the threshold price
to be reported under the premerger notification law, shortly after it was
completed. The DOJ and the state attorneys general filed a lawsuit alleging
the acquisition would eliminate substantial competition between the two
companies in the sale of milk to schools, grocery stores, convenience stores
and other retailers in Illinois, Michigan and Wisconsin.
This settlement resolves all past preconstruction violations as well as alleged
violations of the New Source Performance Standards program and Title V of
the CAA as of the date Federal Facilities Compliance Agreement (Compliance
Agreement) is signed by both EPA and TVA.
The settlement resolves civil allegations that CVS, which operates more than
7,000 retail drugstores across the country, billed the wrong amount to
Medicaid for Medicaid beneficiaries who also have prescription drug
coverage other than Medicare. The investigation by the Justice Department
showed that CVS billed more than the allowed amount for certain dual-
eligible claims, which resulted in the pharmacy chain getting excessive
reimbursements.
The complaint alleges that Terra Industries conducted modifications that
triggered New Source Review (NSR), Prevention of Significant Deterioration
(PSD), and/or New Source Performance Standard (NSPS) obligations under
the federal rules for the pollutant nitrogen oxides (NOx). Each nitric acid
plant should have complied with the NSR and/or PSD requirements, by
applying for and receiving a NSR and/or PSD Permit under its applicable State
Implementation Plan (SIP), and had these requirements incorporated into its
Title V permit. The complaint alleges that some of Terra's plants also should
have complied with the NSPS for Nitric Acid Production Plants at 40 C.F.R.
Part 60 Subpart G.
Settlement addresses Swiss bank UBS's involvement in a nationwide scheme
to rig bids and engage in other anti-competitive conduct in connection with
the sale of municipal bond derivatives to state agencies, municipalities,
school districts and not-for-profit entities who issued municipal bonds.
States alleged that the company caused false or fraudulent claims to be
submitted to the Medicaid program. The settlement stems from an
investigation into whether the company paid doctors, in part, so they would
prescribe the multiple sclerosis drug Rebif to patients.
After Hollywood Video and Movie Gallery stores closed their doors, former
customers throughout the nation began complaining of collection notices
added to their credit files without any warning. Not only did customers balk
at excessive fees and damaged credit scores, but many claimed they didn't
owe the money in the first place.
The settlement is designed to prevent the sale of tobacco products to
underage buyers.
This settlement concludes the first investigation of an industry practice
involving the selective use of the Death Master File from the U.S. Social
Security Administration.
Mahards poultry operations generated significant amounts of manure --
estimated to be in excess of 50,000 tons of dry manure per year. Mahard
applied poultry manure to its agricultural fields in excess of the agronomic
rates, resulting in the accumulation of large amounts of nutrients in the soils.
The government's investigation revealed that from January 1, 2003, through
March 31, 2005, UCB promoted the sale and use of Keppra, an anti-epileptic
drug, for headaches, migraines, pain, bipolar, mood disorders, and anxiety,
all of which were uses not approved by the Food and Drug Administration.
Further, some of the uses were not medically accepted indications. The
unapproved uses of Keppra were not eligible for reimbursement by state
Medicaid programs.
The settlement is based on a complaint filed in March 2009 in which the
plaintiffs allege that Omnicare, Mariner, Sava, and three individual investors
conspired to arrange for Omnicare to pay $50 million in exchange for
agreements by Mariner and Sava to continue using Omnicare's pharmacy
services for a 15 year period.
The challengers sought to have the courts hold TVA and the companies
jointly liable for creating a public nuisance, and permanent court orders to
require each to abate the nuisance by capping carbon dioxide emissions
and then reducing them by specific percentage goals each year for at least
ten years.
For years, Old GM manufactured automobiles with mercury switches. The
settlement will fund Old GMs share of the costs of collecting mercury
switches from old cars that are scrapped at the end of their useful life. The
settlement is the result of a claim AG filed in Old GMs bankruptcy case. The
claim asserted that Old GM had the legal obligation to fund a program to
collect, recover, and recycle mercury switches from its cars.
The federal investigation began after a company quality assurance manager
reported to the Food and Drug Administration that she had found numerous
violations at the Puerto Rico plant, such as a contaminated water system and
an air system that allowed for cross-contamination between different
products manufactured there.
Federal prosecutors alleged the company let a number of drugs made at the
plant be adulterated between 2001 and 2005, including Kytril, an anti-nausea
drug used to treat cancer patients; the popular antidepressant Paxil CR;
diabetes drug Avandamet; and the antibiotic Bactroban.
The U.S. subsidiary, Novo Nordisk Inc., which is located in Princeton, N.J.,
promoted NovoSeven to health care professionals for off-label uses,
including as a coagulatory agent for trauma patients, general surgery, cardiac
surgery, liver surgery, liver transplants and intra-cerebral hemorrhage. As a
result of this unlawful promotion, Novo Nordisk caused false claims to be
submitted to government health care programs that were not reimbursable
by those programs.
JP Morgan Chase has admitted that one of its divisions rigged dozens of
bidding competitions to win business from state and local governments. The
company made at least 93 secret deals with companies that handled the
bidding processes in 31 states. Those deals allowed the bank to peek at
competitors' offers.
According to the settlement, between 2001 and 2006 Martin Kanefsky
(former CEO of the now defunct company) acting as a broker, entered into
municipal derivative contracts, solicited and received intentionally losing bids
for certain investment agreements. Kanefsky allegedly gave coconspirators
at major financial institutions who were bidding on the investment
agreements information about the prices, price levels or conditions in
competitors' bids, a practice known as last look.
Allegedly, these companies knowingly set and reported false and inflated
prices for medications dispensed by pharmacies and other providers who
were then reimbursed by the state Medicaid programs.
The investigation began following allegations that the company falsely
promised consumers guaranteed grants from the federal government.
The criminal complaint accuses Maxim, a privately-held company based in
Columbia, Md., with hundreds of offices throughout the United States, of
submitting more than $61 million in fraudulent billings to government health
care programs for services not rendered or otherwise not reimbursable. The
investigation revealed that the submission of false bills to government health
care programs was a common practice at Maxim from 2003 through 2009.
During that time period, Maxim received more than $2 billion in
reimbursements from government health care programs in 43 states based
on billings submitted by Maxim.
Watson Pharmaceuticals Inc. is alleged to have knowingly set and reported
false and inflated prices for medications dispensed by pharmacies and other
providers who were then reimbursed by the states' Medicaid programs.
The alleged violations include failure to obtain permits until after
construction began, failing to obtain permits at all, or failing to comply with
permit requirements at sites where Ryland did obtain permits. Alleged
permit violations include not developing complete stormwater pollution
prevention plans, failure to conduct adequate inspections, and failure to
install or implement adequate stormwater controls or practices.
The multi-state settlement ends a government investigation into allegations
that the company engaged in illegal off-label marketing schemes to promote
the sales of its urology drug Detrol for uses that were not approved by the
Food and Drug Administration (FDA).
Merck agreed to pay criminal and civil fines to settle a federal investigation
into its marketing practices of the painkiller Vioxx. DOJ said its recent
investigation showed Merck made false, unproven or misleading statements
about the drug's safety to boost sales. It also argued that the company lied to
Medicaid agencies about Vioxx's safety.
The violations involved storm water discharges at 21 facilities in Alabama,
Colorado, Georgia, Maryland, and New York. According to the EPA, because
they come from concrete manufacturing facilities, such discharges can have a
significant impact on water quality. Storm water discharges can carry debris,
sediment and pollutants, including pesticides, petroleum products, chemicals
and solvents.
This is part of an ongoing national investigation of alleged anticompetitive
and fraudulent conduct in the municipal bond derivatives industry. It has
revealed collusive and deceptive conduct involving individuals at Wachovia
and other financial institutions, and certain brokers with whom they had
working relationships. The wrongful conduct took the form of bid-rigging,
submission of non-competitive courtesy bids and submission of fraudulent
certifications of compliance to government agencies, among others.
AT&T sought to acquire T-Mobile. The transaction would have combined two
of the only four wireless carriers with nationwide networks. US DOJ and six
states filed suite to block the merger.
The states' investigation developed evidence that certain traders at GE
Funding, in concert with certain brokers, engaged in conduct that allowed
the broker to determine in advance that GE Funding would win a bid for a
guaranteed investment contract by allowing GE Funding to receive a last
look, and arranging for other financial institutions to submit purposely non-
winning courtesy bids. On many occasions, due to the last look, GE Funding
was able to lower its bid to the issuer and still win the transaction.
The companies are accused of colluding to fix prices for thin film transistor
LCD panels, which are used in a variety of consumer products including
computer screens and flat-panel televisions.
The two companies allegedly delayed a competitor, Barr Laboratories,
from selling generic versions of DDAVP by making materially misleading
statements to the U.S. Patent Office.
For several years, Prudential has used the Death Master List to make life
insurance payments when it has found that an annuity holder has died or
when it has a precise match to name, social security number, and date of
birth. Under this agreement, Prudential has committed to building a system
to match inexact data, to search for beneficiaries if they find a match, and to
do these matches more often.
The multi-state effort arose from numerous complaints about NCO's debt
collection practices, including failing to verify disputed debts, making
excessive numbers of calls to debtors, attempting to collect debts for which
the statute of limitations had expired, and improperly disclosing information
to third parties.
The agreement settles state and federal investigations finding that the
countrys five largest mortgage servicers routinely signed foreclosure related
documents outside the presence of a notary public and without really
knowing whether the facts they contained were correct.
This Clean Water Act case emerged out of the Deepwater Horizon oil spill in
the Gulf of Mexico.
The settlement resolves allegations that Ethex misrepresented the regulatory
status of both drugs and failed to advise CMS that these unapproved drugs
did not qualify for coverage under federal health care programs. As a result,
the government contends, Ethex knowingly caused false claims to be
submitted for Nitroglycerin ER and Hyoscyamine Sulfate ER. Ultimately,
neither drug ever received full regulatory approval for safety and
effectiveness, and neither product is currently on the market.
The participating states and the federal government found that Dava had
misclassified the drugs Cefdinir, Clarithromycin and Methotrexate as non-
innovator drugs for Medicaid rebate purposes. As a result, the company
underpaid their rebate obligations to the Medicaid Program at the expense
of taxpayers.
Between 2003 and 2011, Medtronic allegedly conducted post-market device
registries and clinical studies that were actually vehicles to pay kickbacks to
physicians who participated in the registries and studies. The kickbacks
allegedly influenced physicians to implant Medtronic ICDs and pacemakers in
patients. Medtronic allegedly paid each physician who participated in a
registry or clinical studies. Participation in the study or registry allegedly
required a new or previous implant of a Medtronic device.
The lawsuits alleged a number of schemes to submit false claims to Medicare
and various Medicaid programs, including allegations that WellCare falsely
inflated the amount it claimed to be spending on medical care in order to
avoid returning money to Medicaid and other programs in various states,
including the Florida Medicaid and Florida Healthy Kids programs; knowingly
retained overpayments it had received from Florida Medicaid for infant care;
and falsified data that misrepresented the medical conditions of patients and
the treatments they received.
Merck made false or misleading representations about the
cardiovascular safety of the prescription drug Vioxx, a non-steroidal anti-
inflammatory medication, in its sale, marketing, advertising, and promotion
of the drug. This misrepresentation caused physicians to write prescriptions
for Vioxx that they otherwise would not have written, and thereby caused
the Medicaid program to pay for prescriptions that should not have been
reimbursed.
The settlement with Walgreens resolves allegations that the company
unlawfully offered gift cards and gift checks between Jan. 1, 2005, and June
11, 2010, to influence individuals participating in government healthcare
programs like Medicare and Medicaid to transfer their prescriptions to
Walgreens pharmacies.
The settlement resolves issues pertaining to life and annuity beneficiaries
and the reporting of unclaimed property. Under the terms of the agreement,
MetLife agreed to do frequent comparisons of its policyholder information
with its death master file.
The states alleged the company deliberately opted to bypass the regulatory
approval process and instead promoted off-label uses, including as
treatments for schizophrenia, dementia and autism, when medical studies
failed to adequately prove the drug to be effective for these conditions.
In a separate agreement with federal authorities, the states alleged the
company's off-label marketing of Depakote resulted in hundreds of millions
of dollars in false claims to Medicaid, Medicare and other federal health care
programs.
The lawsuits allege that Skechers made unsubstantiated health-related
claims when marketing, packaging, offering, advertising and selling its line up
of rocker-bottom shoe products, including Tone-ups, Shape-ups and the
Skechers Resistance Runner. Skechers allegedly claimed its products caused
consumers to fight cellulite, firm, tone or strengthen thigh, buttock and back
muscles, burn calories, improve circulation and lose weight.
In February 2011, Attorney General Schneiderman, leading a coalition of
state attorneys general including Connecticut, Vermont and New Jersey, and
the Prairie Island Indian Community, challenged both a NRC rule amending
federal regulations and its "Waste Confidence Decision Update" - both issued
on December 23, 2010 - as violating the National Environmental Policy Act
(NEPA).
Two weeks previously, on May 31, 2012, a District Court judge sided with the
states and ordered EPA to expedite action on proposing new national soot
standards.
Toll Brothers allegedly violated storm water permitting and management
requirements at its construction sites.
QuinStreet Inc. operates websites that generate leads, particularly for the for-
profit education industry. The sites listed schools that were eligible for the GI
Bill and allegedly gave the impression that the veterans could only use their
education benefits at the schools listed. The list allegedly only consisted of
QuinStreet clients, which were mostly for-profit colleges.
Involved a challenge to EPA's greenhouse gas tailoring rule
This case challenged the Affordable Care Act's individual mandate and
Medicaid expansion provisions.
New York and its state and federal government partners charged that GSK
engaged in a pattern of unlawfully marketing Paxil, Wellbutrin, and Avandia
for uses not approved by the Food and Drug Administration (FDA); making
false representations regarding the safety and efficacy of certain drugs;
offering kickbacks to medical professionals; and underpaying rebates owed
to government programs for various drugs paid for by Medicaid and other
federally-funded healthcare programs.
The multi-state matter is meant to determine if several retail securities
brokers and firms engaged in collusive conduct in executing their orders on
an exchange. The possible collusion could have hindered competition in the
retail brokerage industry.
Schneiderman alleged AU Optronics, LC Display and Toshiba illegally
conspired to raise prices for LCD screens used in televisions, computer
monitors and laptops.
The lawsuit alleged that the ACA's contraceptives mandate violates the First
Amendment rights of groups that object to the requirement to pay for birth
control and drugs that may cause abortions.
The agreement resolves charges filed in April 2010. Darian and Cory Atkinson
allegedly peddled service contracts through automated and prerecorded
telephone calls known as robocalls, misleading television advertisements and
deceptive junk mail. The company allegedly misled consumers into thinking
their auto warranties expired or that the warranties would soon expire. U.S.
Fidelis allegedly led consumers to believe that they were being contacted by
an entity affiliated with their original vehicle warranty.
The settlement resolves allegations that McKesson Corporation deliberately
inflated the Average Wholesale Prices (AWPs) it reported to First Data Bank,
a publisher of drug prices, causing California to overpay on branded
prescription drugs from August 1, 2001 through December 31, 2009.
The states launched a probe after some consumers who purchased fixed
annuities from 2001 to 2008 complained to Allianz regarding the annuities
suitability for their circumstances or representations made by Allianz or its
agents during the sale of an annuity.
In that civil legal action, the defendants are charged with conspir*ing+ and
agree*ing+ to increase retail e-book prices for all consumers and agree*ing+
to eliminate e-book retail price competition between e-book outlets, such
that retail prices to consumers would be the same regardless of the outlet
patronized by the consumer.
The state alleged in a lawsuit filed today by the Office of Consumer
Protection that Janssen improperly marketed Risperdal, Risperdal Consta,
Risperdal M-Tab and Invega for off-label uses to geriatric and pediatric
groups
The settlement with Nationwide is the third life claim settlement agreement
reached for states a and stems from the industrys practice of using the
Social Security Administrations Death Master File to discontinue a recipients
annuity payments, but not using the same file to determine that death
benefits are owed after the deaths of insured individuals.
The agreement is the fifth agreement that states have settled that requires
large national insurers to appropriately use the U.S. Social Security Death
Master File (DMF) to locate life and annuity beneficiaries, and promptly
remit payment to the unclaimed property division of each state for
beneficiaries that cannot be located.
The settlement resolves civil allegations that BIPI unlawfully marketed the
Atrovent, Combivent, Micardis and Aggrenox for a variety of uses that were
not approved by the Food and Drug Administration (FDA).
The states allege the company failed to disclose negative information about
Avendia's cardiovascular health effects.
Attorneys general alleged the company promoted Zyvox as a superior
medication to vancomycin, an antibiotic used by physicians for decades,
without scientific evidence to back up that claim and without disclosing
critical safety information for patients.
The settlement is designed to define payments that tobacco companies
disputed because of dwindling market shares the past nine years.
Amgen allegedly offered kickbacks to medical professionals who pushed
Medicaid patients to use the drugs Sensipar, Neupogen, Neulasta, Epogen,
Enbrel and Aranesp. The states and federal government also alleged that
Amgen illegally marketed and promoted Neulasta, Enbrel and Aranesp for
uses not approved by the U.S. Food and Drug Administration.
BioScrip allegedly billed Medicaid and other government health care
programs for prescription medications as if the government programs were
primary insurance carriers even though the patients had other insurance
coverage.
The proposed consent judgment resolves allegations that the Jacksonville-
based company, which primarily provides technological support to banks and
mortgage loan servicers, robo-signed documents and engaged in other
improper conduct related to mortgage loan default servicing.
The states and the federal government alleged that Victory Pharma offered
kickbacks to medical professionals who encouraged Medicaid patients to use
the drugs Naprelan, Xodol, Fexmid and Dolgic.
The states alleged that Toyota engaged in deceptive and unfair practices
when it failed to disclose known safety defects with accelerator pedals in a
timely fashion. A complaint filed along with the settlement agreement
alleged that poor communication between Toyotas headquarters in Japan
and Toyotas United States holdings was responsible in part for the failure to
report the known safety issues more quickly.
The States undertook a two-year investigation into allegations that the
defendants conspired to raise e-book prices. Retailers had long sold e-books
through a traditional wholesale distribution model, under which retailers
not publishers set e-books sales prices. The states alleged that Penguin,
Simon & Schuster and Macmillan conspired with other publishers and Apple
to artificially raise prices by imposing a distribution model in which the
publishers set the prices for bestsellers at $12.99 and $14.99.
The states and federal government alleged Healthpoint knew that its drug
Xenaderm was ineligible for reimbursement because the FDA had
determined in the 1970s that the drug's principal ingredient was "less than
effective" for its intended use. Since 1981, Medicaid has not paid for "less
than effective" drugs or those drugs that are identical, similar or related to
them.
Enforcement efforts directed at polluting power plants began in 1999, largely
in the Midwest and Southeast where plants operated without proper
controls in violation of the federal New Source Review (NSR) program under
the federal Clean Air Act.
Par was allegedly aware of severe adverse side effects associated with the
use of Megace in elderly patients, but the company launched a long-term
marketing campaign to improperly and deliberately target elderly patients
with weight loss problems. The patients did not suffer from AIDS, cancer or
any other medically accepted conditions to warrant use of Megace. Adverse
side effects included blood clots, toxic reactions, death and cachexia, the loss
of body mass that cannot be nutritionally reversed.
Between 2008 and March 2010, Google Street View vehicles collected
network identification information for use in future geolocation services,
collecting and storing data frames and other payload data that consumers
transmitted over unsecured personal and business wireless networks.
Payload data can include user passwords, emails and browsing activity.
The settlement ends a long-running dispute and restores certainty to the
State's annual payments from the 1998 Master Settlement Agreement.
According to the Medicaid fraud investigation, the institutional pharmacies
Omnicare and PharMerica approached Amgen to give them extra rebates on
the drug Aranesp. In return, Omnicare and PharMerica agreed to promote
Aranesp in the Therapeutic Interchange programs implemented in the
nursing homes they served, which meant inducing medical professionals to
switch patients from Procrit to Aranesp.
The lawsuit alleged that Countrywide's ability to originate residential
mortgages on such a massive scale was facilitated, in large part, by its ability
to rapidly package -- or "securitize" -- those loans and then, through the
activities of the underwriter defendants, sell them to investors as
purportedly investment grade mortgage-backed securities. The suit says that
Countrywide provided documents that falsely claimed that all the mortgage
loans held in the investment fund met accepted underwriting standards for
evaluating prospective buyers' credit history and ability to repay the loan.
New England's grid operator and attorneys general, regulators and consumer
advocates in four states have settled a dispute over the regional agency's
proposed budget.
A whistleblower's complaint alleged that Ranbaxy knowingly manufactured,
distributed and sold generic pharmaceutical products in the United States
and that the strength, purity and quality of those drugs fell below standards
required by the FDA. The products at issue consisted of 26 generic
pharmaceutical drugs manufactured at Ranbaxy's facilities in India at various
times between April 1, 2003 and September 16, 2010.
Resolves a lawsuit filed by New Jersey and Connecticut seeking to enforce
the federal Clean Air Act and reduce air pollution emissions by two coal-fired
generating units at the Portland Generating Station in eastern Pennsylvania.
The States undertook a two-year investigation into allegations that the
defendants conspired to raise e-book prices. Retailers had long sold e-books
through a traditional wholesale distribution model, under which retailers
not publishers set e-books sales prices. The states alleged that Penguin,
Simon & Schuster and Macmillan conspired with other publishers and Apple
to artificially raise prices by imposing a distribution model in which the
publishers set the prices for bestsellers at $12.99 and $14.99.
A partial settlement with the major tobacco companies of a dispute dating
from 2006 regarding payments to the states under the 1998 tobacco Master
Settlement Agreement (MSA).
The settlement is part of EPAs national enforcement initiative to control
harmful air pollution from the largest sources of emissions, including
portland cement manufacturing facilities. This is also the first settlement
with a cement manufacturer that requires injunctive relief and emission
limits for PM. SO2 and NOx, two key pollutants emitted from cement plants,
can harm human health and are significant contributors to acid rain, smog,
and haze.
The settlements relate to TIAAs appropriate use of the U.S. Social Security
Death Master File to locate beneficiaries and quickly remitting payment to
the unclaimed property division of each state for beneficiaries that cannot be
located.
Resolves alleged Clean Air Act violations of emission limits at the Gateway
Energy and Coke plant in Granite City, Ill., and the Haverhill Coke plant in
Franklin Furnace, Ohio.
The lawsuit alleged that, among other things, Mallinckrodt paid certain
physician consultants for their participation in speaker programs, clinical
trials, and meetings, or for the completion of certain forms, in order to
induce them to write prescriptions for Mallinckrodt's drug products, namely
Restoril, Magnacet, Tofranil-PM, and their generic equivalents.
Allegations that ISTA marketed its ophthalmic drug Xibrom for uses that were
not approved by the United States Food and Drug Administration (FDA), and
paid inducements to doctors to write Xibrom prescriptions between January
2006 and March 2011.
This amendment to an earlier settlement provides Lafarge until July 1, 2016,
to construct the new kiln and to shut down the two old kilns. In return for
the extension of time, Lafarge has committed to interim air pollution limits at
the existing kilns intended to result in the same or more reductions as would
have been required by the original agreement and to fund $1.5 million in
additional projects to reduce air pollution in the local community.
The complaints alleged that Wyeth improperly promoted the sale and use of
Rapamune to healthcare providers in connection with solid organ transplant
patients, other than kidney transplant patients. They further alleged that the
company promoted the drug's use in treatment regimens for transplant
patients who used another immunosuppressant drug before using Rapamune
and who did not receive Rapamune at or around the time of a kidney
transplant.
The DOE missed previous legal deadlines to update the standards for
equipment that was seven to 18 months overdue.
ING has represented that since 2002 it has cross checked its system with the
DMF on a monthly basis to review certain annuities that were paying
proceeds to owners or annuitants, in order to prevent overpayments and
fraud, and to pay any remaining amounts due to beneficiaries. ING
represents that it subsequently expanded its use of the DMF.
Sanofi-Aventis U.S. Inc., which is now doing business as Sanofi US Services
Inc. and Sanofi Aventis U.S. LLC, allegedly violated the federal Anti-Kickback
Statute and multiple state anti-kickback laws when it paid doctors to buy and
prescribe the medication Hyalgan. Hyalgan is an osteoarthritis drug that
treats knee pain.
Over a six-year period, UBS allegedly employed client services associates who
accepted orders from clients without being registered with the New Jersey
Bureau of Securities. UBS also allegedly failed to provide adequate
supervision to the client services associates who took client orders.
The settlement concentrates on the insurers' asymmetrical use of the U.S.
Social Security Death Master File (DMF) and the practice of using it to stop
paying a deceased person's annuity, but not using it to search for
beneficiaries of a life insurance policy to determine if benefits were due.
Consumers complaining to the States have alleged that Affinion charged
them for services without consumers' authorization or knowledge, and, once
consumers learned they were being charged, some had trouble canceling or
getting a refund. Other consumers were confused about who Affinion was
because the offers looked like they came from Affinion's marketing partners,
which usually were banks or retailers with which the consumers did business.
Allegations that the company submitted false claims and false statements
through its Kmart Pharmacy Centers to the federal government, state
governments, and territories for payments related to partial fills of
prescriptions.
The major focus of this settlement is the insurers' asymmetrical use of the
U.S. Social Security Death Master File (DMF) and the insurers' practice of
using it to stop paying annuities, but not to search for beneficiaries of a life
insurance policy to determine if benefits are due. As part of the settlement
agreement, insurers are now required to use the DMF in locating
beneficiaries and must promptly remit payment to the unclaimed property
division of each state for beneficiaries that cannot be located.
Resolves allegations that the company engaged in illegal off-label marketing
schemes. It was also alleged that the company offered kickbacks to medical
professionals to increase prescribing of Risperdal and Invega for patients
with Alzheimer's disease, dementia, conduct disorders, depression, and
anxiety.
In a civil complaint filed in 2009 in the Northern District of California, the
government alleged that, shortly after Natrecor was approved, Scios
launched an aggressive campaign to market the drug for scheduled, serial
outpatient infusions for patients with less severe heart failure a use not
included in the FDA-approved label and not covered by federal health care
programs.
Settles allegations that it paid kickbacks so that long-term care pharmacy
provider Omnicare would switch nursing home patients to certain Johnson
and Johnson drugs, Risperdal among them, for off-label treatment of various
conditions, including behavioral symptoms associated with Alzheimer's
disease and dementia.
US DOJ and plaintiff states filed a complaint in federal court challenging the
proposed merger between American Airlines and U.S. Airways. The
complaint alleged the proposed merger would result in decreased
competition, higher airfares and fees, reduced service and downgraded
amenities.
Allegations that the software giant violated the federal False Claims Act and
similar state and local statutes through the fraudulent billing of hundreds of
public agencies on software maintenance renewal contracts from 2001
through 2009.
Settles claims that the company violated consumer privacy by placing
unauthorized cookies on computers using certain Apple Safari web browsers
in 2011 and 2012.
Investigation arose out of the packaging, marketing, sale and issuance of
residential mortgage-backed securities (RMBS) by JPMorgan, Bear Stearns
and Washington Mutual prior to Jan. 1, 2009.
The settlement agreement with Aviva and other similar insurers focuses
primarily on the asymmetrical use of the Social Security Administration's
Death Master File (DMF) to cease making annuity payments, but not to
search for beneficiaries of a life insurance policy who may be due benefits.
The settlement agreement with Midland and other similar insurers focuses
This settlement is the result of an investigation into allegations that
Caremark failed to properly handle and reimburse pharmacy claims for
certain customers.
The settlement agreement with Lincoln and other similar insurers focuses
Resolves allegations of illegal telemarketing, robocalls, deceptive solicitations
and misleading television ads.
According to a complaint filed in the U.S. District Court for the District of
Columbia, Ocwens misconduct resulted in premature and unauthorized
foreclosures, violations of homeowners rights and protections, and the use
of false and deceptive documents and affidavits, including robo-signing.
The settlement also addresses misconduct by Homeward Residential Inc. and
Litton Home Servicing LP which Ocwen acquired.
Arose from discussions with T-Mobile, Sprint and AT&T Mobility over the
issue of commercial premium short messaging services, which account for
the majority of third-party charges on cell phone bills. PSMS represent most
mobile cramming complaints.
SCI, the nation's largest funeral home chain, sought to acquire Stewart
Enterprises, another large funeral home chain. Seven states and the FTC
entered into consent agreements with SCI specifying which funeral homes
would be divested in 59 separate markets.
Settlement Terms or Court Holding Defendant1 Defendant2
The settlement prohibited future price-fixing conduct and payment of
monetary forfeiture.
Leviton Manufacturing
Co.
Triboro Electric Corp.
The court held that the exceptions to the notice and comment provisions
were to be narrowly construed and reluctantly countenanced and that the
EPA could have reconciled the two statutes by issuing proposed rules. The
court set aside the challenged designations and remanded for reconsideration
of them, retaining jurisdiction for ruling on motions.
EPA -
The settlement prohibited future price-fixing conduct and payment of
monetary forfeiture.
B.L. Makepeace, Inc. Joseph Merritt & Co.
The district court entered judgment for the federal agencies on all claims. On
appeal, the court held that it could not substitute its judgment for that of EPA
so long as the agency's actions met minimum standards of rationality, as they
did here. The court held that EPA did not violate its statutory mandate, and
that the environmental group did not establish that either EPA, Interior, or
Reclamation failed to act. Accordingly, the court affirmed the district court's
order and entry of judgment.
EPA -
The court denied Connecticut and New Jersey petitions for review of an
Environmental Protection Agency (EPA) decision, which granted the State of
New York a one-year revision of its state implementation plan (SIP) for air
pollution control. The court held that the EPA was bound to approve an SIP
revision regardless of its interstate impact as long as the revision complied
with relevant provisions of the Clean Air Act.
EPA -
The settlement requires AEFS to sharply alter its marketing practices which
the AGs alleged violated state consumer fraud acts by being deceptive or
misleading. It also grants hundreds of farmers a chance to recover the money
they invested in Jerusalem artichoke seed stock on the basis of the alleged
misrepresentations.
AEFS, Inc. -
Purchasers of 1980 Toyotas were entitled to either $125.00 in cash or $250.00
in a service and goods at their option for each car purchased.
Mid-Atlantic Toyota
Distributors
Crown Atlantic
The court affirmed in part, reversed in part and remanded certain provision to
the EPA for further action. The court affirmed stack height regulations
regarding the definition of "nearby" as applied in the good engineering
formulas; the failure to consider plume rise in deriving the good engineering
formulas; the exclusion of flares from the definition of stack; and the
definition of what constituted a stack "in existence." The court found that the
inclusion of plume impactation in the calculation of creditable stack height
was improper; and that the two-step 22-month timetable given to states for
the submission of separate regulations regarding stack height was contrary to
42 U.S.C.S. 7401. The court ordered the EPA to promulgate new final stack
height regulations within six months from the issuance of the court's
mandate.
EPA -
The court granted summary judgment for the states. The court held that 126
of the Act clearly stated that the Administrator was required to issue a final
decision within 60 days of the states' petitions, that two years had passed
since the states submitted their petitions, that the Administrator violated the
clear terms of the Act, that there were no material facts in dispute, and that
summary judgment was appropriate. The court also held that the
Administrator failed to establish that it was impossible to comply with the
terms of the Act, that the court's discretionary equitable powers should not
be used to extend the mandatory deadline, and that the Administrator was
required to issue a final decision on the states' petitions within 60 days.
EPA -
The court reversed the lower court's judgment concluding that premerger
confidential disclosure to state law enforcement officials were unauthorized
because Congress intended the contested portion of the Clayton Act to be
interpreted differently than the lower court interpreted said provision.
Federal Trade
Commission
-
The total of $157 million will be used by Metropolitan Life Insurance Co. to
replace the Baldwin-United annuities. In addition to these money payments,
under the proposed settlement the brokers agree that in the future sale of
annuities or other life insurance products, all selling agents will be properly
licensed and the products will be properly approved for sale according to state
laws. The agreement also provides that the brokers' insurance agencies
through which the Baldwin SPDAs were sold will consent to cease and desist
orders or assurances of discontinuance to this effect.
Baldwin-United Merrill Lynch
The companies agreed to begin providing point of sale nutritional information. McDonalds Jack-in-the-Box
The court affirmed its earlier ruling, holding that the use of the CRSTER model
without validation to forecast SO[2] diffusion at two plants adjacent to Lake
Erie was arbitrary and capricious. The court remanded the case to respondent
for a de novo resolution of the appropriate evaluation procedure for the
CRSTER model.
EPA -
As part of the settlement agreement, Minolta agreed to contribute to each
state an amount sufficient to pay $15.00 for every Maxxum sold and $8.00 for
every AF-Tele sold within each state for the period of March 1, 1985 through
March 21, 1986.
Minolta Corp. -
The Court of Appeals, Scalia, Circuit Judge, held that EPA administrator's
letters did not legally obligate his successors to identify states in which
pollution responsible for acid deposition originated and to order those states
to abate emissions.
EPA -
AAMCO agreed not to make unnecessary repairs or use deceptive sales
practices.
AAMCO -
The Court of Appeals held that: (1) because Agency did not consider
interrelationship of high level waste rules and Safe Drinking Water Act and
thus failed either to reconcile two regulatory standards or to adequately
explain divergence, Agency was arbitrary and capricious in its promulgation of
individual protection requirements; (2) Agency did not provide adequate
explanation for selecting 1,000-year design criterion; and (3) ground water
protection requirements were promulgated without proper notice and
comment as required by Administrative Procedure Act.
EPA -
Under the settlement, the owners of more than 32,000 cars that Chrysler
admits were driven with disconnected odometers as part of the company's so-
called ''Overnight Evaluation Program'' will be entitled to restitution of at least
$500 apiece.
Chrysler -
The Court of Appeals, Williams, Circuit Judge, held that: (1) statute did not
require baseline emissions rate to be rate that would result from source's use
of all available methods; (2) regulations on stack increases within and outside
offormulas were valid; and (3) some grandfather regulations were invalid.
EPA -
Campeau agreed that it would sell Federated's Filene's fashion chain of 16
stores and the Filene's Basement chain of 17 stores if Campeau took over
Federated.
Campeau Corp.
Federated Department
Stores
The Court of Appeals held that: (1) EPA did not have affirmative duty to
reevaluate and review existing state air quality implementation plans upon
filing of petitions; (2) denial of two states' petitions were not arbitrary or
capricious; (3) rejection of its own air quality modeling study was not
unreasonable; and (4) remand was warranted to one state's petition.
EPA -
Hertz agreed to refund a total of $22 million to 20,000 consumers in 41 states
for repairs in the 12-month period through May 31, 1986.
Hertz -
Matsushita agreed to an injunction for a period of 5 years. Panasonic -
Patten will give future customers seven days to cancel a purchase and provide
each prospective customer with full written disclosure of the cost and
availability of public services and other features that could affect a buyer's
ability to build on the land. Patten is required to make available a dispute
resolution procedure to anyone who purchased land in the state or any
resident who purchased land from Patten between Aug. 1, 1982 and May 1,
1989.
Patten Corp. -
Review of the rules was discretionary and within the exclusive jurisdiction of
the D.C. Circuit. However, the court noted that in similar cases, district courts
had the power to order appellee administrator to perform purely ministerial
acts. The court ordered appellee administrator to make a formal decision
about whether it would revise the NAAQS.
EPA -
The agreement requires the Japanese carmaker to include in its ads the
following statement: "This vehicle handles differently from ordinary passenger
cars. Federal law cautions to avoid sharp turns and abrupt maneuvers. Always
wear your seat belt. For specific details, please read your owner's manual."
American Suzuki Motor
Corp.
-
Avis agreed to stop overcharging customers for repairs to damaged rental
vehicles.
Avis Rent-A-Car -
Campbell's also agreed to provide certain details in ads about its soups'
nutritional content whenever an ad makes a health related claim. Because
Campbell advertises nationally, the company said the settlement guidelines
will be incorporated into all its future advertising.
Campbell Soup Co. -
The court held that 7604 did not cover the lawsuit and that the district court
had properly dismissed the complaint. The action, or inaction, of EPA on
regional haze in 1980 was a "final" action. Reviews of final actions were
covered by 42 U.S.C.S. 7607. Jurisdiction over 7607 actions was with the
court of appeals in the District of Columbia, although the time for bringing
such an action had expired. The parties were not without recourse. Because
EPA had bound itself to develop the additional regulations, a petition to EPA
would trigger the new rulemaking.
EPA -
As part of the proposed settlement, System Energy would agree that for the
jurisdictions whose regulators and other parties join in the final agreement, it
will cancel and write off the costs of Grand Gulf Unit 2.
Entergy Corp. -
The settlement prohibits Carnation from using the word "hypoallergenic" in
promoting the product and claiming it cannot cause allergic reactions.
Nestle's Carnation Co. -
Agreed to stop using the "Light Classics" name in its advertising and will stop
advertising that its "light" cheesecake and pound cake snacks have fewer
calories than its regular cakes.
Sara Lee -
EPA rules issued last spring allowed gasoline refiners to sell gasoline with a
volatility level of 10.5 pounds per square inch (psi). Now, EPA not only will set
more stringent volatility standards, but it will allow states to set even lower
volatility levels until the new federal standards take effect.
EPA -
A court order halted the advertising of a mail-order diet pill when a
government agency charged that ads for the pills contained false and
unsubstantiated claims.
Allied International -
Under the agreement, Nabisco Brands, a subsidiary of RJR Nabisco Inc. of New
York, is prohibited from running TV commercials or print ads that claim the
margarine can treat, prevent or reduce the risk of heart disease or lower
cholesterol, the agreement said. In addition, Nabisco agreed not to say that
100 Percent Bran cereal is "flavored with two naturally sweet fruit juices"
unless it changes the cereal formula so no other sweeteners, such as sugar,
are used.
Nabisco Brands, Inc. -
The company agreed to end ads. Planters Plus Lifesavers -
The court found that the EPA articulated a satisfactory explanation for the
levels set, based on scientific evidence that levels at the top end of the range
might not adequately protect against adverse health effects. Further, the EPA
did not act arbitrarily in drawing conclusions from uncertain and conflicting
data. In setting the "margin of safety," the EPA could err on the side of
overprotection. The EPA was not permitted to consider costs such as the
health consequences of unemployment in promulgating national ambient air
quality standards. The association did not have standing to challenge the
EPA's alleged failure to furnish adequate control techniques information to
the states under 42 U.S.C.S. 7408(b)(1) and (c). The court did not have
jurisdiction to order the EPA to take action on a fine particulate standard
relating to visibility impairment because the EPA had not yet taken final
action.
EPA -
In the settlement, Visa and Mastercard have agreed to terminate Entree,
their joint debit card venture, on Oct. 1, 1990, and notify hundreds of banks
which had agreed to participate in Entree that the program will be
terminated. Over the next several years, the banks will retire the millions of
Entree plastic debit cards already in consumers' hands. In addition to ending
Entree, the defendants agreed to provide notice and disclosure to the 14
attorneys general of any future joint ventures or other conduct which could
be seen as anticompetitive.
VISA Mastercard
General Mills agreed to stop making claims in ads that its Benefit cereal
removed cholesterol from the body.
General Mills -
Prevents ads that its Mazola corn oil products can reduce cholesterol levels. CPC International -
Miles agreed to stop making health claims in advertising. Miles, Inc. -
The Court of Appeals held that: (1) letter was final agency action with respect
to interpretation of relevant procedures; (2) EPA was not obliged to
promulgate endangerment and reciprocity findings until it was able to
determine specific pollutant sources; and (3) letter did not represent final
agency action regarding EPA's refusal to initiate rule-making proceedings.
EPA -
The plaintiffs, including Kansas and Missouri and utilities in both states, will
receive $91.5 million in cash over the next two years and $120.5 million in
cash over the next 20 years.
Amoco Production Co. Oxy USA
It allows use of the word ''biodegradable'' in conjunction with composting, but
without implications that a product will biodegrade in a landfill. Also resulted
in production of a new environmentally oriented product -- a disposable
diaper made with a cotton core.
American Enviro
Products Inc.
-
The settlement includes provisions that will, among other things: Prohibit
Watson & Hughey and its clients from conducting deceptive sweepstakes
solicitations; Bar the defendants from using "look alike" addresses,
trademarks or symbols that may cause confusion about the identify of the
organization; Require the organizations to have independent boards of
directors that meet at least three times a year. In addition, Preate said,
charities that contract with Watson & Hughey will have equal access to the list
of contributors compiled by the fund-raiser.
Watson & Hughey Co.
American Heart Disease
Prevention Foundation
Pfizer and Ally & Gargano agreed to no longer represent that the product can
be used in the diagnosis, cure, treatment or prevention of tooth or gum
disease. The companies also agreed to no longer claim that rinsing with Plax
before brushing can remove 300 percent more plaque than brushing alone.
Pfizer Ally & Gargano, Inc.
Under the settlement, Exxon would spend $5 million to buy environmentally
sensitive land in the Staten Island area. It would also pay for restoration of
wetlands along the Arthur Kill, where the oil leaked, and reimburse
government agencies for legal and administrative costs.
Exxon -
Mitsubishi was enjoined from efforts to fix, maintain or stabilize prices for five
years. Mitsubishi also agreed to refrain from discriminating in delivery or
coercing dealers into unlawful price agreements. Mitsubishi was also required
to notify dealers that they were entitled to set prices independently.
Mitsubishi Electronics
America
-
The settlement allowed Nintendo to suggest retail prices but required that all
promotional material include the statement that dealers were free to
determine their own prices.
Nintendo of America -
The attorneys general agreed to not challenge the creation of Worldspan,
formed by the merger of Delta Air Lines' Datas II system and PARS, owned by
Northwest Airlines and Trans World Airlines. If Worldspan, based in Atlanta,
fails to develop a program by February 1993 that would offer all available
flights on systems used by travel agents, the state legal leaders would file
federal lawsuit.
Worldspan Northwest Airlines
Mobil agreed to delete references to "degradability" on Hefty trash bags. Mobil -
The company agreed to discontinue the allegedly misleading labeling. It will
have 60 days to sell existing supplies of the products.
Alberto-Culver Co. -
Permits state officials to screen future juice-box advertisements for
questionable environmental claims.
Tetra Pak Inc. Combibloc Inc.
Under the agreement, each state received an amount equal to its percentage
of the funds' business.
First Investors -
Under the settlement, Kellogg will not claim that Special K is high in protein
unless it is clear the representation only relates to other cereals. The six states
had alleged that cereal is generally not a good source of protein. In addition,
Kellogg also agreed to narrow its claims that consumers on weight-reducing
diets can ''keep the muscle, lose the fat.'' The claims can only be used in ads
that clearly state it is directed at individuals on very low-calorie diets,
individuals who diet while on strenuous exercise programs and who may need
more protein, or individuals who otherwise are experiencing protein
deficiencies.
Kellogg Company -
Agreed to refrain from asserting its ingredients are environmentally safe if the
ingredients contribute to ground level pollution.
Bristol-Myers Squibb -
P&G said in a statement from its Cincinnati headquarters that the "Ninety
Days Ago" ad has run its course and the company has agreed not to use it
again.
Proctor & Gamble -
The company agreed to simplify language explaining credit histories. The
company, which previously agreed to provide each consumer a free annual
copy of his or her credit report, also agreed today to reduce the price for a
second copy each year to $7.50, from $15. The revised reports it agreed to
provide to consumers will include full first and last names, middle initials, full
street addresses, dates of birth and other identifying facts. TRW also agreed
to complete its investigations of disputed information within 30 days and to
inform consumers of the results.
TRW -
Among the agreements' terms, Nu Skin will regulate its distributors' sales,
ensuring that 80% of a distributor's monthly sales are made to at least five
customers not participating in the program and the company will implement a
90% refund policy for distributors' unsold products. The agreement also
requires Nu Skin to conduct at least one special training session for its
distributors in Pennsylvania. Topics for the session will include retail sales
training and a review of the terms of the agreement with the attorney
general's office.
Nu Skin International
Inc.
-
Exxon -
The agreement will result in refunds and reduced mortgage payments of
approximately $100 million for virtually all of its 380,000 customers
nationwide.
GMAC Mortgage Corp -
General Mills agreed to refrain from again using the national ad. General Mills -
With the settlement, Carlisle is prohibited from claiming that products
designed for disposal in landfills or incinerators are degradable, nor can it
claim that they are suitable for composting unless they are specifically
designed to break down when disposed of in composting facilities. Carlisle
also must provide information to customers on composting facilities.
Carlisle Plastics, Inc. -
Atlantic Richfield
Company
Texaco Inc.
The court affirmed the district court's order that denied appellant utility
companies' motion to intervene in a citizen action to compel appellee
Environmental Protection Agency to review and revise the national-ambient-
air-quality-standards for ozone. The court held that appellants' interest in the
action's subject matter was too remote to permit intervention.
EPA -
Under the arrangement, when an Attorney General notifies a carrier about a
suspect promotion, the phone company will conduct an investigation and if
necessary terminate billing and collection services for the promoter and/or
withhold funds due.
AT&T MCI
Agreement included commitments to perform reinvestigations of disputed
information within 30 days, change disputed items when consumers present
documented proof of errors, maintain procedures to prevent deleted
information from reappearing, furnish copies of credit reports within four
days of request and, within one year, begin disclosing consumers' "risk
scores."
Equifax -
The Court of Appeals held that: (1) EPA adequately supported its decision to
drop waste separation provision, but (2) EPA did not adequately explain why
ban on lead-acid vehicle battery combustion did not represent the best
demonstrated technology for reducing harmful incinerator emissions.
EPA -
Under the agreement, Sears will provide $50 coupons, good for any
merchandise or service in any Sears store, to anyone who had certain
automotive services performed on their car between Aug. 1, 1990 and Jan. 31,
1992. Sears also announced that it would help develop a program to
standardize auto repair practices together with a national association of
attorneys general.
Sears -
The settlement will bar Sandoz from tying the sale of Clorazil to the
monitoring service, allow other health care providers to perform blood
monitoring services and require Sandoz to share information about Clorazil
treatment to competitors and researchers.
Sandoz Pharmaceuticals Caremark
S&B denies any wrongdoing or that its products ever contained significant
amounts of MSG and notes in the assurance that it has reformulated its
"Oriental Seasoning Mixes" to eliminate hydrolyzed protein.
S&B International Corp -
Under terms of the settlement, Trans Union agreed to: Provide a toll-free
telephone number to give consumers access to Trans Union consumer
assistance personnel; Complete investigation of consumer disputes within 30
days and provide consumers with corrected versions of their credit reports;
Change disputed items or information if consumers provide reliable
documentation confirming the information is incomplete or inaccurate; Check
public record information when it is disputed by consumers to verify the
information is accurate and up to date; Furnish consumers with their credit
reports within four days of receiving a request; Make clear and conspicuous
disclosure of consumers' rights to dispute information in their credit reports;
Undertake consumer research to determine whether the format of Trans
Union's consumer credit reports can be made easier to read and understand;
Institute procedures to ensure all credit information on a consumer is
combined into a single file.
Trans Union -
Under the settlement, GE must disclose in clear terms the actual wattage of
the bulbs and is prevented from misrepresenting the natural resource savings
and pollution reduction caused by their use.
General Electric Co. -
Pacesetter agreed to discontinue operations in the thirteen states, and pay
$50,000 for the tests indicating that the product did not work as advertised.
Pacesetter Seminars of
America
-
The settlement required Uniroyal to provide the governments $29 million
worth of stock in Uniroyal Technology Corporation as settlement for claims
under CERCLA.
Uniroyal Technology
Corp.
-
National Health Labs also agreed to pay the federal government $100 million
restitution as part of its settlement of the federal charges.
National Health
Laboratories Inc.
-
The settlement required the recall of the weight-loss pill. Better Health, Inc. -
The $77 million settlement consists of $65.5 million in cash and $11.5 million
in vouchers or coupons that businesses and nonprofit organizations will be
able to redeem for gasoline.
Chevron Shell
Under terms of the agreement, the Fleet Mortgage Group subsidiaries will
change certain escrow analysis procedures over the next twelve months. The
companies are presently using an individual item analysis method, in which
escrow amounts are calculated separately for each tax or insurance obligation
to be paid out of the escrow account. The companies will begin using an
aggregate (composite) method, in which escrow amounts are based on the
total amount of bills to be paid over the course of the year. The companies
will perform a trial running balance projection to insure that the projected
balance in the escrow account falls to an allowable level under the Real Estate
Settlement Procedures Act (RESPA) and the mortgage contracts.
Fleet/Norstar Financial
Group
-
Under the settlement, CIBA-Geigy Corporation may not claim in its consumer
advertisements that Habitrol alone will help people quit smoking. The
settlement requires CIBA-Geigy to disclose significant facts about its nicotine
patch in direct-to- consumer advertisements and in a written disclosure
statement.
CIBA-Geigy Corp. -
Under the agreement, Keyes Fibre is prohibited from making degradability
claims for its Chinet tableware or any other paper products that are
customarily disposed of in landfills. The agreement also prohibits claims that
Chinet or any other paper products that hold food are "recyclable."
Advertising claims that Keyes Fibre's products are "compostable" would only
be permitted under one of the following conditions: (a) facilities exist for
composting in every location where the claim is made; or (b) the claim
contains a conspicuous disclosure that composting facilities are generally
unavailable in the United States; or (c) if composting facilities are available in
a significant number of communities in a state, but not in all communities,
then the company must provide a 1-800 number for consumers to call for
information about composting facilities.
Keyes Fibre Co. -
The settlement will resolve Circle K's environmental liabilities for potential
contamination from underground storage tanks at nearly 1,100 convenience
stores/gasoline stations that Circle K was operating at the time of the
bankruptcy, as well as over 1,200 additional locations which it had operated at
various times prior to the bankruptcy.
Circle K Corp -
NSA also agreed to control product stockpiling and strictly limit claims about
potential earnings, ease of sales and product performance when recruiting
new distributors. NSA further agreed to refrain from deceptive claims of
government approval and to require groups of distributors, commonly known
as cooperatives, to be registered and regulated.
National Safety
Associates
-
The agreement bars them from selling, distributing, or advertising products
containing guar gum as a dietary aid.
Nature's Way Products General Nutrition Inc.
Defendants entered into a settlement providing for monetary damages and
enjoining them from engaging in anti-competitive behavior, entering into
most exclusive contracts and from taking any retaliatory action against
programmers for providing programming to competing cable or satellite
providers.
Primestar Partners, L.P. ATC Satellite
As part of the settlement, Marion Merrill Dow agreed to place a boxed
warning in all consumer advertisements cautioning consumers not to take
Seldane or Seldane-D with some cold medications or antibiotics, or if the
consumer has liver disease, or in greater dosages than prescribed by the
consumer's doctor. Under the settlement, Marion Merrill Dow must also
disclose significant facts about its nicotine patch, Nicoderm.
Marion Merrill Dow, Inc. -
Consumers will now be warned that their children should wear the seat belt
and should not be in the basket or ride elsewhere on the shopping cart.
Consumers will also be warned that they should not leave children
unattended in the shopping cart.
Unarco Industries Inc. -
Sandoz has agreed not to claim that its cough or cold medicine is "new" or
"improved" unless it can prove through reliable scientific evidence that the
product is more medically effective. The pharmaceutical company has also
agreed to provide retailers with dosing statement stickers to place on
packages for older products still in stock. Additionally, the firm will disclose
any future dosage changes on the front of the product and in all
advertisements. Any consumer who complains about Triaminic will receive
from Sandoz either a coupon for a free bottle or a full refund.
Sandoz Pharmaceuticals -
The Court of Appeals held that: (1) NCP established proper cost-benefit
analysis in remedy selection process; (2) NCP cancer risk range is adequate to
protect human health and the environment; (3) NCP established proper
federal/state cost sharing requirements; but (4) EPA failed to provide
reasoned basis for its departure from past policy in amending NCP to
expressly exclude states from exercising enforcement and remedy-selection
authority under CERCLA.
EPA -
Avery was sentenced to serve one year and one day in prison and ordered to
pay criminal restitution and civil monetary penalties totaling $280,000.
Alfred C. Avery -
Nautilus Motor Tanker -
Under the agreement with five states, Lederle Laboratories may provide
bonuses only if participating pharmacists tell customers about the bonuses
and give written notices.
Lederle Laboratories -
Each state Attorney General will designate which charity will receive that
State's portion of the settlement amount based on the State's percentage of
the total U.S. population.
Keds Corp. -
Under the settlement, First Investors will be permanently barred from using
deceptive sales tactics in the future. In addition, First Investors must take wide-
ranging measures to improve its selling procedures, disclosures to customers
and supervisory procedures. First Investors' compliance with the settlement
will be monitored by independent lawyers and accountants.
First Investors -
Under the agreement, the Carpet and Rug Institute (CRI) will produce warning
labels that will be displayed on the back of carpet samples and featured in
owners manuals. CRI also will produce a brochure containing information on
carpet safety, including guidelines for proper installation and removal.
Carpet and Rug Institute -
The firm is prohibited from: Representing that its bulbs save energy, provide
the same amount of light, lower consumers' energy costs, or offer
environmental benefits, unless the company has scientific evidence; Claiming
a bulb will provide the same amount of light as a bulb to which it is compared;
Misrepresenting the wattage of its bulbs through packaging, advertising and
other promotional materials.
Sylvania Inc. -
CP agreed to stop all misleading claims about the product's environmental
benefits.
CP Industries -
Under the settlement, the company will also stop using improperly obtained
consumer information and will remove such information from its records.
Miles Pharmaceutical,
Inc.
-
The agreement prohibits Dahlberg from misrepresenting that a hearing aid
can improve speech recognition and intelligibility in noisy environments. The
settlement also prevents the company from advertising that the mechanism
enables the wearer to distinguish speech from other sounds or to focus on
certain sounds.
Dahlberg Inc. -
NME has confirmed that it is implementing a divestiture plan relating to its
psychiatric institutions and will limit its business to acute care hospitals.
National Medical
Enterprises (NME) Inc.
-
Under the settlement, Upjohn: is barred from ever resuming the Glynase
pharmacist payment programs; must disclose in all advertising that promotes
switching to Glynase important information about potential health risks and
increased costs; cannot make unsubstantiated advertising claims about the
superiority or cost savings of Glynase; must report back to the states to
ensure compliance.
Upjohn Company -
The settlement requires Sara Lee to disclose the percentage of fat reduction
for these sausage products whenever it describes them as "Lite." It also
prohibits them from making "percent fat free" claims unless the products are
changed to meet the criteria for low fat products as "health" or "good for
you."
Sara Lee -
Under the agreement, use of the terms "finalist," "tied," "tie breaker" and
other terms must be more clearly defined and PCH must reveal the average
entrant's odds of winning each prize offered in the sweepstakes.
Publishers Clearing
House
-
Under the Assurance of Voluntary Compliance, Pre-Paid will refund the
portion of AASC membership fees it received for each consumer in the twenty-
one states that participated in the settlement, who purchased an AASC
membership and has not already received a refund from AASC. The Assurance
also required that Pre-Paid not misrepresent the advantages risks or
consequences of living trusts, not sell living trusts through non-attorneys and
not provide a will or trusts for any individual unless the individual has an
opportunity for a face-to-face consultation with an attorney.
Pre-Paid Legal Services
Inc.
-
The defendant insurers agreed to a 5 year injunction and a settlement sum of
$36 million. Of the settlement, $21 million was used to create the Public
Entity Risk Institute, a nonprofit organization dedicated to providing training,
education, and technical services to public entity risk pools, self-insureds,
policyholders and small business groups. Another $5.2 million was used to
fund a public entity risk database, providing information for better risk
management decisions.
Hartford Fire Insurance
Co.
Aetna Casualty and
Surety
Settlement provides for discounted ticket prices for state and local
government agency air travel reached between Plaintiff States and certain
airlines over price-fixing scheme.
Alaska Airlines American Airlines
Agreed to shorten its contracts with small container customers to make it
easier for potential competitors to gain access to the market in certain
geographic areas.
Browning-Ferris
Industries
Attwoods PLC
Copper Range will install a $ 200 million smelter expected to reduce
emissions of mercury and other toxins. It also will pay $ 1.8 million in civil
penalties and $ 3 million to restore damaged habitat, educate children on
environmental issues and monitor mercury pollution in the Lake Superior
basin.
Copper Range Co. -
Reebok and Rockport were enjoined from entering any agreements to fix
prices and were ordered to disclose to all dealers that they were free to
determine the prices at which they could advertise and sell Defendants
products. Reebok and Rockport were also ordered to pay to the States the
total sum of $9.5 million. Of the total settlement, $8 million of the settlement
sum was distributed cy pres to the Plaintiff States for women's programs.
Reebok International
Ltd.
-
Knievel agreed to cease making his calls.
Western Express Service
Company
-
The federal government simultaneously negotiated a separate settlement of
more than $116 million with Caremark.
Caremark Inc. -
Under the settlement, Merck and Medco have agreed to disclose to
consumers' doctors that the pharmacist is calling on behalf of Medco or its
subsidiary and the pharmacy is owned by Merck. They must also disclose the
name of the manufacturer of the drug the Medco pharmacist is
recommending, including Merck. The companies are also required to be
prepared to substantiate and honor claims of cost-savings resulting from the
switched prescription. The agreement also requires consumers to be advised
of thier rights, and must advise consumers about the extent to which
confidential information in Medco's consumer files will remain confidential.
Merck
Medco Containment
Services
As part of the settlement Stop & Shop also must: File a detailed compliance
program with the state's Division of Medical Assistance; Perform extensive
public service programs including 200 wellness events on issues like breast
cancer, heart disease and AIDS; Invest tens of thousands of dollars to improve
the performance of its computer-based reimbursement programs and to
enhance training of its more than 400 pharmacy employees.
Stop & Shop -
Subsequent settlements were reached by the FTC and the States resolving
those concerns and making certain properties more marketable for divestiture
or subleases.
National Holdings, Inc. Schnucks Markets, Inc.
The settlement also restricts L-P from, among other things, representing that
its house siding is suitable for exterior use unless L-P can prove its claims
about the siding's capacities.
Louisiana-Pacific Corp -
Zygon admitted no wrongdoing by agreeing to settle the case, but has
promised to substantiate future claims about its products.
Zygon International, Inc. -
The proposed settlement would allow the $3.4 billion merger of The Thomson
Corp. and West Publishing Co., two of the nation's largest publishers of law
books and legal research materials. Under the terms of the settlement,
Thomson must sell more than 50 legal publications valued at $250 million and
must issue licenses to West's page numbering system.
Thomson Corp. West Publishing Co.
The settlement includes the following standards to ensure that future
discounts advertised by Levitz represent legitimate savings from its actual
regular prices; Levitz may not quote a "regular price" for an item unless it was
Levitz's "bona fide" price more than 60 percent of the time; Levitz may not
claim that items are on sale unless Levitz is offering a meaningful reduction
from units regular prices; Levitz may not falsely suggest that, to take
advantage of a price, consumers must act within certain time; Levitz must
disclose a beginning and ending date whenever it advertises a sale.
Levitz Furniture Corp. -
Agreed to settlement terms by which Ahold agreed to divest 30 supermarkets
in 14 communities.
Koninklijke Ahold NV Ahold USA
The company also agreed to eliminate the "instant executive" program, under
which participants bought a $ 35 kit and $ 1,000 in products, plus an
additional $ 135 of goods each month. Base compensation primarily on retail
sales, not recruitment. Disclose distributor earnings, so potential sellers can
make an informed decision about whether they want to participate. The
company will maintain a site on the Internet's World Wide Web detailing this
and other disclosures.
Nutrition for Life
International Inc.
Kevin Trudeau
The Plaintiff States worked with the private class action counsel and entered a
settlement agreement in which the Defendant financial investment
companies agreed to a permanent injunction.
A.G. Edwards & Sons,
Inc.
Bear, Stearns & Co.
The settlement prohibits the company from selling this or similar hearing aids,
or making advertising claims about any device's performance without the
approval of the U.S. Food and Drug Administration (FDA). In addition,
consumers who return the device to the company will be entitled to a refund
or who have written proof of purchase stating they purchased the device.
Consumers who no longer have the device or any proof of payment may
submit signed statements as evidence of payment.
Telebrands, Inc. -
As part of the settlement, both companies may not represent the capability of
participants to make a profit without disclosing that not all people make
money and that there is no guarantee of success as a participant. The
companies may not misrepresent the profits a person may reasonably expect
to earn. The company also may not represent the opportunity to participate in
the program as employment, or as a salaried position with guaranteed
income. The settlement also included other requirements.
Equinox International
Corp.
-
The parties agreed to settlement terms in which Sanifill and USA Waste
divested certain assets, namely the Houston Assets, the Sunray Assets and the
Airspace Assets. Further, the Defendant companies agreed to dispose of
municipal waste at a certain landfill over a ten year period and they were
required to modify the terms of their contracts with customers to ensure
future competition.
USA Waste Services Sanifill, Inc.
Under the settlement, the APC has agreed to refrain from making certain
claims in its advertising.
American Plastics
Council
-
The company will place prominent disclosures on the cartons of all computers
and monitors it sells as new but which may contain components from
previously sold computers. The company must also provide notice outlining
the practice for display wherever they sell the computers, including retail,
electronic, and computer stores.
Packard Bell -
The settlement reforms the way they advertise "zero percent" or "no interest"
purchase programs. Under the agreement, the retailers have agreed to make
it clear in advertisements that consumers are required to make minimum
payments covering the purchase price of the product during the timeframe
set by the financing contracts. The retailers also must inform consumers that
if they do not meet minimum payments when due, they are liable for interest
accrued from the purchase date.
Best Buy Comp USA
The consent judgment requires CTS/WorldxChange to make certain specific
disclosures to consumers in its telephone solicitations, prohibits the company
from selling residential 800 numbers service or calling cards in telephone
solicitations it initiates, and requires the company to send a letter in English
and the customer's preferred language containing detailed information about
how the consumer can prevent his or her long distance service from being
changed.
Communications
Telesystems
International
-
Although denying any wrongdoing, National Accounts agreed to a court-
ordered injunction requiring it to change its business practices to ensure that
there would be no future misrepresentations or unauthorized switching of
consumers' long distance service providers.
National Accounts, Inc. -
Success Tracks, Inc. -
The settlement prohibits the alleged misrepresentations in any future
advertisements and provides for refunds to consumers upon request.
McNeil Consumer
Products Co.
Arthritis Foundation
LabCorp -
Under the terms of the agreement, when advertising a lease, manufacturers
must: clearly and conspicuously reveal the total amount due at lease
inception; not state any part of the payment more prominently than the total
amount due at lease inception; and detail the following if any amount is
stated: that the transaction is a lease, the total amount due at lease inception,
that a security deposit is required, the number, amount and timing of
scheduled payments, and that an extra charge may be imposed at the end of
the lease where liability is based on the anticipated residual value of the
vehicle.
General Motors Honda
Under the agreement, the Houston-based Compaq will restrict access to
company packaging.
Compaq Computer
Corp.
-
Under the agreement, America OnLine must obtain the affirmative consent to
the billing change from as many of its members as possible ( a "pop-up"
screen will request that members either agree to the new plan or pick another
billing option). In addition, the company must automatically provide
retroactive refunds to all consumers who ask to switch back to their old plan
prior to April 10, 1997. The agreement also requires AOL to provide a toll-free
number (888-265-8888) to handle member inquires and complaints regarding
the new flat-rate plan. Finally, AOL must notify its members of their rights and
obligations under the new plan through the mail and online screens.
America Online -
The agreement prevents Mazda from misrepresenting the amount of up-front
costs, including the amount "down," the "down payment" or the "capitalized
cost reduction." The company also agreed to comply with the federal "truth-in-
leasing" regulations by disclosing all required lease terms in a clear and
conspicuous manner.
Mazda Motor of
America
-
Under the agreement, Circuit City promised to change its advertising
programs to prominently list all the terms and conditions that apply, including
costs that consumers might have to pay according to different payment
scenarios. Other disclosure rules were also adopted.
Circuit City Stores Inc. -
Major points of the agreement are: (1) For all of February, AOL will forego
most print, television, and direct-mail advertising. Beyond that, if AOL chooses
to advertise, it must clearly state that access problems and delays may occur
when trying to use its service -- until the company can reasonably
accommodate the usage requirements of current members. (2) Beginning
immediately, customers will be able to cancel service by mail or fax (not just
by calling), and an on-hold recording on the 800 line will provide the mailing
address and fax number for cancellations. The company will also increase
phone support so people who call the 800 number can receive a faster
response. (3) Consumers who had difficulty accessing AOL in December or
January may receive a refund based on their service plan and usage.
America Online -
The agreement restrains the company from conditioning any rebate on the
resale price at which the dealer may offer for sale or sell any CPC. A portion of
the settlement went to States to benefit their agricultural communities
(distributed cy pres) and to reimburse investigative costs and attorneys fees.
American Cyanamid -
The agreement prohibits the company from continuing to misrepresent its
rates and services in advertising, and it secures refunds for IDT customers who
received unexpected long-distance charges or were charged after canceling
their service.
IDT -
Injunction prohibited defendants -From setting, fixing or stabilizing the price
of commercial seafood, through force, threats, intimidation, etc. -From
reducing, limiting or eliminating the supply of seafood, through force, threats,
intimidation, etc. -From impeding, obstructing or preventing persons from
processing, purchasing or selling seafood, through force, threats, intimidation,
etc. -From compelling membership or participation in any organization or
association.
Jeff Mulkey Several individuals
SmithKline Beecham
Clinical Laboratory
-
The Court of Appeals held that: (1) amended provision of CAA authorizing EPA
to require states to revise their state implementation plans (SIPs) as
necessary to correct inadequacies in failing to mitigate interstate pollution
transport did not authorize EPA to require states to include particular control
measures selected by EPA; (2) provision of CAA barring EPA from prescribing
emission standards for motor vehicles more restrictive than those already
written into CAA invalidated EPA final rule conditioning approval of SIPs on
states' adoption of California's motor vehicle emission standards, despite
existence of another CAA provision allowing states to choose voluntarily to
adopt California standards; (3) CAA's grant of general authority to EPA to
order states to include control measures pursuant to recommendations by
regional ozone commission did not allow EPA to order states to adopt stricter
emissions limitations in violation of another provision of CAA specifically
prohibiting EPA from imposing stricter motor vehicle emission standards; and
(4) determination that EPA lacked authority to order states to implement
California standards invalidated EPA's SIP call declaring that Virginia's SIP
was substantially inadequate and had to be revised to include adoption of
California standards, which in turn affected modeling of ozone pollution for
entire region and required all SIP calls for states in region to be stricken.
EPA -
Under the settlement, Liggett President Bennett LeBow will publicly
acknowledge that nicotine is addictive, that tobacco use causes serious health
problems including lung cancer and heart disease, and that the industry
markets to children. Liggett will provide the Attorneys General with all
relevant documents it has that might assist the states in their suits against the
industry. Liggett also agreed to place prominent warnings on its product
packaging and advertising stating that smoking is addictive.
Liggett Group Inc. -
The agreement requires AST to sell returned computers as new only of they
come back to the company in unopened, factory sealed containers and show
no signs of use.
AST Research -
Cargill agreed to divest Retsof Stockpile, relevant evaporated salt assets and
relevant bulk deicing assets. Akzo agreed to divest Hampton Corners Mine
rights.
Cargill Akzo Nobel
CIBA will also provide rebates and coupons to consumers who purchased
certain contact lenses since 1988. CIBA also has agreed to continue recent
changes in its lens distribution policy, which provides for a new channel of
trade, including mail order firms, pharmacies and other stores that contract to
act as authorized sellers of CIBA contact lenses.
CIBA Vision Corporation -
The settlement prevents Champion from running any future deceptive or
misleading prize promotions and requires the company to clearly and
conspicuously disclose detailed information in any advertisement for a prize
promotion.
Champion Auto Stores -
As a result of the settlement, Sears will: Reimburse consumers at least $125
million for payments they should not have been required to make, including
interest, and release the affected consumers from further improper
repayment obligations; pay $35 million in penalties to the states, as well as an
additional $5 million to benefit consumer education; and Change its collection
practices.
Sears, Roebuck, & Co. -
The agreement also prohibits them from violating state and federal laws in
representing charges or their ability to obtain loans or credit for consumers.
The judgment also requires Medical Plus to notify the states of any future
change in address, employment status or any proposed change in the
structure of any of its business entities.
Medical Plus Network Gary Tuck (president)
The settlement prohibits the company from operating similar programs in the
future.
Zeneca -
Without admitting wrongdoing, the company has agreed to disclose the
conditions for receipt of the free hosiery offer and its "continuity plan" in a
clear and conspicuous manner to avoid consumer confusion. The company
must also disclose on its invoice whether payment will trigger additional
shipments and the procedures for canceling the plan. These disclosures must
be made either on the reply coupon or in a separate section of any
advertisements, depending on the particular format being used. The company
must also inform customers who take the "free" offer how to cancel orders
for any additional merchandise, and must send a letter to newly referred
customers on how to return any unordered items at company expense.
Hosiery Corporation of
America
-
As part of the agreement, Bausch & Lamb has agreed to discontinue its
practice of selling a single contact lens under more than one name. The
company is also required to make the same wearing recommendations for
each lenses in all of its consumer labeling. and must make certain disclosures
in its advertising. Finally, Bausch & Lomb is prohibited from representing that
its advertising, marketing, or pricing practices are required, sanctioned or
approved by the FDA.
Bausch & Lomb, Inc. -
Under the terms of the multi-state settlement, Staples and Office Depot agree
to clarify their future ads and prominently disclose: that the full purchase
price must be paid within the zero-interest period; the number and frequency
of payments required during the zero-interest period; that if the required
payment is not made or if the purchase price is not paid in full by the end of
the zero- interest period, the consumer will be liable for payment of all
interest accrued during that time, as well as the date from which the interest
will be assessed; a minimum purchase, if any, that is required to obtain the
interest; and any specific brands or products to which the offer is limited.
Staples Office Depot
The company also agreed to reimburse any customers that file written
complaints for all switching fees, and excess charges, and to refrain from the
deceptive conduct in the future.
WinStar Gateway
Network Inc.
-
The settlement also requires Vacation Break to disclose in its first solicitation
to consumers all costs and fees and that consumers may be subject to sales
presentations to purchase a time share during their vacation. Consumers who
have purchased Vacation Break vacations which they have not yet taken and
who decline Vacation Break's offer to extend the expiration of their vacation
packages will be provided full refunds.
Vacation Break -
Nestle agreed to withdraw the controversial product from stores. Nestle USA -
As part of the settlement, Playmobil was enjoined from attempting to fix or
maintain prices for which dealers were permitted to sell its products
Playmobil, Inc. -
The court granted the writ in part and denied it in part. The court held that
although petitioners had a clear right to relief and the DOE had a clear duty to
act, mandamus was not proper because the Standard Contracts entered into
between the petitioners and the DOE under the NWPA and 10 C.F.R. 961.11
provided remedies for untimely performance. The court further held that
mandamus was proper to preclude the DOE from implementing any
interpretation of the Standard Contract that excused its failure to perform on
the grounds of acts of government in either its sovereign or contractual
capacity, i.e., that the government had not prepared a permanent radioactive
waste repository or interim storage facility.
U.S. Department of
Energy
-
Shell and Texaco agreed to divest certain assets within the Plaintiff States. Texaco Shell
Although EqualNet did not admit to any wrongdoing, it agreed to substantially
change the way it conducts business and to make refunds to affected
consumers. EqualNet also agreed to pay for consumer education and
enforcement purposes.
EqualNet Corp. -
Talk America will not make any representations for which it does not have
competent and reliable scientific evidence and will not make any curative or
preventive claim for a product which does not have FDA or state-specific
approval as a new drug.
Talk America, Inc.
Nature's Pure Body
Institute
The court held that the EPA's interpretation of 182(f) of the Clean Air Act
was as plausible as the downwind states' interpretation, and disposed of the
issue under the Chevron doctrine. Under the downwind states' interpretation,
compliance with the nitrogen oxide limitations would require expensive
pollution control measures when the effect of nitrogen oxide pollution was
uncertain. Thus, the purpose of 182 exemptions would be defeated. The
court held that the EPA's determination that the reduction in nitrogen oxide
emissions would not reduce the upwind states' ozone problem was well
within its expertise, was a sensible reading of the statute, and would not be
overruled on appeal.
EPA -
As part of the settlement, any consumers who were unhappy with the
programming changes made by DIRECTV are entitled to receive the Encore
movie channels for free for the remainder of the time they had left on their
annual subscription when DIRECTV made the programming changes in April,
1997. Eligible consumers who cancelled the service may receive $4.00 for
each month that they had left on their annual subscription at the time of the
changes. The company is required to mail notices of the settlement on
February 5, 1998, to eligible consumers with instructions on what they need
to do to receive restitution.
DirecTV -
Affected customers will have all their reaffirmed debt stricken and Federated
will waive any rights to repossess their merchandise. In addition, affected
customers will be reimbursed or receive credit for finance charges and
penalties charged by Federated on the reaffirmed debt, as well as for any
amounts paid on the reaffirmed debt, plus 10% interest. Moreover, these
customers will be eligible to receive an additional pro rata penalty payment
based upon the amount of payments they made on the unlawful debt.
Stores
-
The consent decree, which stemmed from a memorandum of agreement EPA
reached with the states Dec. 18, would compel the agency to take final action
on the petitions by April 30, 1999. EPA then would have to grant the petitions
by Nov. 30, 1999, if the agency finds them technically meritorious, and if it
fails to address transported NOx through other means.
EPA -
As part of the settlement, AFP agreed that future solicitations will not: tell
consumers they are winners or have already won a prize unless they have in
fact won a prize, fail to tell consumers that no purchase is necessary to
participate in the sweepstakes, suggest that chances of winning decrease if
the consumer fails to order magazines; and tell consumers that the
sweepstakes is in its final round unless the sweepstakes is in its final weeks.
American Family
Publishers
-
Dr. J. Mason Hurt -
Loews agreed to divest the Manhattan theater assets and the Chicago theater
assets. These assets consisted of 24 cinemas in New York and Chicago.
Loews Theatres, Inc. Cineplex Odeon Corp.
The court held that the EPA's statement concerning its authority under the
Clean Air Act had not been definitive and had not had a direct and immediate
effect on the states. The court held the EPA's authority under a specific
section of the Clean Air Act had yet to receive public comment. The decision
on whether the petitions under the section became a final agency action
would not have occurred until the petition was either granted or denied. As
such, the challenge by the states was no a final appeal order until the petition
was either granted or denied. No consequences under the petition could have
attached until that time. Thus, the court granted the motions.
EPA -
Corning Life Sciences Metpath, Inc.
The retailers will each contribute between $ 100,000 and $ 150,000, for a
total contribution up to $ 550,000, to run a series of hard hitting anti-tobacco
commercials designed to carry their message to teens and younger children.
In addition, they have agreed to take steps to ensure that minors cannot
easily access tobacco products in their stores. These chains were among the
retailers who sold to minors during the 1996 compliance checks.
Shell CVS
AOL also promised to revamp some of its business practices by clearly
notifying consumers that the "50 free hours" of online service it guarantees to
users must be used in a one-month period and that users will be charged after
the first month. In addition, AOL must notify users if they are incurring a
surcharge for toll-free access or other "premium" services, mail consumers
confirmation of account cancellations, and provide subscribers at least 30
days notice before making changes to the terms of service.
America Online -
The settlement requires that BDP send letters to over 250,000 customers in
47 states informing them that BDP is not affiliated with AT&T and offering to
restore consumers' previous long distance service.
Business Discount Plan -
The National College Registration Board [NCRB] must cease operations and
turn all monies received from the 6,000 students that purchased the card and
a list of their names to the appropriate Attorneys General. Any future receipts
must also be forwarded to the Attorneys General. The settlement imposes an
automatic $ 30,000 penalty on any of the company's founders in any state
who violate the agreement under a new company or business name.
National College
Registration Board
-
The companies agreed to divest certain waste disposal and waste hauling
assets within the Plaintiff States to ensure that one or more viable
competitors remained in the relevant markets.
USA Waste Services
Waste Management,
Inc.
As part of the settlement, consumers will have all debts, including finance
charges and penalties, stricken, and merchandise will not be repossessed. The
$ 27.5 million will be split among the states for consumer education
programs.
Montgomery Ward -
In addition, the settlement imposes a $ 25 million suspended judgment,
representing the amount lost by consumers. An additional $ 10 million
judgment will be entered should the court find that Dolgin misrepresented his
financial condition or concealed assets at the time of the settlement.
Design Travel -
The settlement will award refunds to many victims of cramming.
Veterans of America
Association
-
The court held that: (1) the CAA required a nonattainment area to be in
attainment pending a redesignation request; (2) the EPA's requirement that
an area remain in attainment until the EPA issued a final ruling on the request
was not an unreasonable interpretation of the CAA; (3) 40 C.F.R. 50.9 (1997)
did not require the EPA to consider only air quality data from the three years
identified in the state's redesignation request; (4) the continuing compliance
requirement did not result in a "moving" standard; and (5) the EPA properly
refused to allow the state to address the violation with its proposed
contingency plan because the existing requirements for a nonattainment area
applied until a redesignation request was approved. 42 U.S.C.S. 7505a(c).
EPA -
MRP must notify all consumers switched to MRP's service prior to December
31, 1998 that they are entitled to have any MRP charges re-rated to the price
they would have been with the consumer's prior carrier. The company must
also refund all switch fees.
Minimum Rate Pricing,
Inc.
-
The companies are prohibited from misrepresenting the terms and conditions
of any service offered in connection with the promotion of telephone calling
cards or other telephone services. Also, they cannot promote or sell credit
services in connection with the telephone calling cards or other telephone
services.
Telecommunications
Resources Inc.
Tricom Financial
Services Inc.
May will offer consumers the opportunity to have their reaffirmed debts
stricken, will waive any rights to repossess merchandise, and will reimburse
consumers for finance charges, penalties, and money paid on the reaffirmed
debt plus interest. May has also agreed to an injunction that will prohibit it
from collecting on reaffirmation agreements that are not properly filed with
the bankruptcy courts and requires it to disclose to its bankrupt consumers
their rights in connection with reaffirmation agreements.
May Department Stores -
In addition, the bank agreed to an injunction prohibiting it from collecting on
reaffirmation agreements that were not properly filed with the bankruptcy
court.
First North American
National Bank
-
Additionally, the companies have agreed to significant curbs on their
advertising and marketing campaigns, fund a $ 1.5 billion anti-smoking
campaign, open previously secret industry documents, and disband industry
trade groups which Attorneys General maintain conspired to conceal
damaging research from the public.
Philip Morris R. J. Reynolds Tobacco
If the amount of restitution sought from consumers in the 16 states exceeds $
600,000, consumers will get pro-rated refunds.
Travel Opportunities,
Inc.
-
Under the terms of the settlement, SBCH agrees to: refrain from using the
phrases "power to quit," "power to quit successfully" or "you bring the
commitment, NicoDerm CQ brings the rest" in its ad campaigns; clearly
disclose that a consumer's chances of quitting may improve with a counseling
program; cease making unsubstantiated claims about its products' superiority;
include disclaimers regarding any implied endorsements by the American
Cancer Society or other organizations; and cease using the American Cancer
Society's name and logo in ads that mention a competitor's product.
SmithKline Beecham
Consumer Healthcare
-
The companies agreed to divest nine storage terminals across the Southeast &
Midwest. They also sold off 134 gas stations and were required to give 1600
independent gas station owners the option of switching brands.
Amoco British Petroleum Co.
Agreed to divest certain assets in the affected States; and the companies
agreed to maintain the relevant disposal assets as viable, competitive
businesses until those assets were sold.
Waste Management,
Inc.
Ocho Acquisition Corp.
Under the terms of the settlement, any customer of Consumer Access who
has been billed within the past 12 months and who did not authorize the
charges will receive a full refund.
Consumer Access -
The company and its chief executive officer, Anthony C. Brown, are enjoined
from conducting any future 900-number sweepstakes.
Direct American
Marketers
-
Agreed to (1) comply with state and federal laws before placing similar
products on the market; and (2) refrain from making deceptive or
unsubstantiated claims in the advertising or promotion of similar products.
Nestle USA -
Under the terms of the settlement, United Industries will not make any claims
about the effectiveness of TERMINATE unless it has reliable scientific evidence
to support those claims, and will disclose that the product is "not
recommended as sole protection against termites, and for active infestations,
get a professional inspection."
United Industries Corp. -
Agreed to certain divestitures of hauling assets and other injunctive terms. Allied Waste Industries
Browning-Ferris
Industries
Under the terms of the settlement, the defendants are required to provide
substantiation for claims about their products' efficacy, benefits, or
performance before making such claims. Also, the defendants are prohibited
from misleading testimonials
TradeNet Marketing,
Inc.
Top Marketing Business
Consulting
The Court of Appeals held that: (1) construction of Act on which EPA relied in
revising PM and ozone NAAQS effected unconstitutional delegation of
legislative power; (2) EPA could not consider environmental consequences
resulting from financial impact on federal Abandoned Mine Reclamation Fund
Act in revising ozone and PM NAAQS; (3) even if Unfunded Mandates Reform
Act required EPA to prepare regulatory impact statement (RIS) when setting
NAAQS, judicial relief for failure to comply was unavailable; (4) EPA properly
certified, under Regulatory Flexibility Act, that revised NAAQS would not have
significant economic impact upon substantial number of small entities; (5) EPA
must enforce any revised primary ozone NAAQS under 1990 amendments to
Clean Air Act; (6) in revising NAAQS for tropospheric ozone, EPA was required
to consider evidence of ozone's health benefits; and (7) EPA's decision to
regulate coarse particulate matter indirectly was arbitrary and capricious.
EPA -
The settlement requires toys and cash to be divided among the states based
on population. The product mix is at the discretion of the companies.
However, the donated goods must include toys for girls as well as boys, and
items for children of all ages. The goods must be among items currently for
sale at Toys 'R' Us and cannot include recalled items or products that depict
violence. In addition, the price of individual items is discretionary. However,
only 10 percent can be of a value greater than $ 30 so that the donation will
generate enough toys to distribute to a large number of children.
Toys 'R' Us Hasbro
Under the terms of the settlement, AFP must include various disclosures on
sweepstakes mailers; Upon receipt of duplicate payment of the entire
subscription amount for the same invoice, AFP must promptly provide a
refund or advise the customer a duplicate payment has been made and a
refund is available.
American Family
Publishers
-
Action Direct Marketing is prohibited from misrepresenting the purpose of its
consumer health surveys. The company is also required to affirmatively
disclose all potential uses of consumer health information gathered in a
health survey and, specifically, to disclose that such information may be
shared with health care providers or services for marketing purposes.
Action Direct Marketing
Robert D. Hodges
(president)
Under the proposed federal order, Albertson's and American Stores will be
forced to sell 144 supermarkets and five planned sites.
Albertson's, Inc. American Stores, Inc.
The settlement would also prohibit the defendants from making the claims
detailed in the complaint and from misrepresenting the results of any
research. The defendants also would be barred from using misleading
testimonials, and must make disclosures about any atypical testimonial.
OneSource Worldwide
Network, Inc.
-
Under the terms of the settlement, Knoll may not make any false or
misleading claims regarding Synthroid or any other similar product regarding:
superiority or other characteristics of the product; bioequivalance or lack
thereof of the product to any other drug or new drug; the status of the
product as a reference or standard; the cost of switching the product; any
medical rationale for specifying the use or continued use of one product over
another; and the scope, findings or existence of any scientific study, whether
published or not, concerning the product.
Knoll Pharmaceutical Co. -
As part of the settlement, Mazda will distribute a consumer education
brochure on vehicle leasing through its 750 U.S. dealers.
Mazda Motor of
America
-
Under the terms of the settlement, MCI agreed to no longer place the so-
called "national access fee" in the taxes or surcharge section of its customers'
bills and cease referring to the charge as a tax, charge, or fee mandated by the
Federal Communications Commission.
MCI WorldCom -
Both Mobil and Exxon agreed to divest certain assets in the Northeast and
Mid-Atlantic regions of the country.
Exxon Mobil
Bayer has agreed to alter its advertising of its aspirin product by providing
better instruction to the public about consulting a physician before beginning
an aspirin regimen; stop implying that the benefits provided by Bayer aspirin
are unique, unless that claim can be validated; and relying only upon
competent and reliable scientific evidence to substantiate any health claims.
Bayer Corp. -
Under the terms of the settlement, the defendants will provide refunds to
consumers who have filed complaints with the Attorneys General offices, as
well as change their marketing practices.
National Travel Services Plaza Resorts
The Court of Appeals held that: (1) EPA was not required to establish
transport commission before calling for SIP revisions; (2) EPA undertook
sufficiently state-specific determination of ozone contribution; (3) rule
requiring states to reduce NOx emissions to amount that could be achieved at
cost of $2000 or less per ton was valid; (4) EPA could not require state to
reduce NOx emissions based on evidence showing only that state contributed
significantly to ozone levels over one of Great Lakes; (5) EPA could not base
NOx reduction amount on state's total NOx emissions, where it had accurate
data only for part of state showing contribution to downwind ozone levels; (6)
rule did not intrude on states' statutory right to fashion their own SIP
submissions; (7) EPA was not required to prepare small entity impact study
pursuant to Regulatory Flexibility Act (RFA); and (8) EPA failed to provide
adequate notice and opportunity to comment before revising definition of
electricity generating unit (EGU).
EPA -
Nine West was enjoined for 5 years from attempting to fix, lower, raise,
maintain or stabilize the retail prices for which Nine West products were sold.
Government officials said they would divide the $34 million settlement among
the 50 states and other United States territories to be used for women's
health, educational and safety programs.
Nine West Group, Inc.
Jones Apparel Group,
Inc.
Dismisses suits and agreement to refrain from suits; agrees to meet the
following safety and design standards, among others: internal gun locks within
two years; external locking devices sold with all guns within 60 days; and a
second, hidden serial number to prevent criminals from removing serial
numbers so guns can't be traced. In addition, Smith &Wesson agrees to follow
a code of conduct that requires it sell only to authorized dealers and
distributors and allow their authorized distributors to sell only to authorized
dealers.
Smith & Wesson -
Qwest agreed to provide restitution to consumers who changed their long
distance service as a result of Qwest's offer and provide the free airline
tickets.
Qwest Communications -
The settlement also requires USPE to take steps to ensure their future
sweepstakes mailings are not misleading; ensure that all sweepstakes have a
single response deadline, rather than numerous intermediate response
deadlines; and maintain a toll-free telephone number for consumers to call if
they wish to be placed on the company's "Do Not Contact" list.
United States Sales
Corporation
-
BP-ARCO agreed to divest the ARCO Alaska assets and its ARCO Beluga Inc.
assets to Phillips Petroleum of Bartlesville, Oklahoma.
BP Amoco Atlantic Richfield
The settlement also bars the companies' founder, William Gouldd, from future
involvements in any multilevel marketing scheme and states that cash and
corporate individual assets be given to a court-appointed receiver for
liquidation.
Equinox International
Corp.
Advanced Marketing
Seminars
As part of the settlement, tissue products from the companies will be
distributed to organizations including schools, universities, correctional
facilities, parks and recreation centers.
Kimberly-Clark Corp. Ft. Howard Corp.
In addition to the monetary terms of the settlement in principle, Mylan will
agree to certain restrictions in its supplier agreements in order to restore
competitive balance to the pharmaceutical market.
Mylan Laboratories, Inc.. Cambrex Corp.
The money obtained in the $15.5 million settlement will be used to reimburse
schools and libraries that were defrauded.
Baker & Taylor, Inc. -
The settlement requires Oxyfresh to cease selling smoking cessation products
that do not comply with U.S. Food and Drug Administration requirements,
falsely implying that it is affiliated with or has the endorsement of any
organization or individual representing the effectiveness of any of its
products, and fabricating misleading statements for advertising or marketing
purposes.
Oxyfresh Worldwide,
Inc.
-
Under the terms of the settlement, PCH may not label a consumer a "winner"
unless they actually won a prize. Also, PCH must identify and send notices to
individuals who spent more than $ 1,000 annually that they are not required
to make purchases in order to win the sweepstakes. PCH must also include a
sweepstakes fact sheet, similar to the fact sheet in the Time settlement,
which includes the odds of winning, end date of the sweepstakes, value of
prizes, quantity of prizes offered, as well as additional informative consumer
messages.
Publishers Clearing
House
-
The agreement with Time requires that all its sweepstakes mailings provide a
clear and conspicuous "Sweepstakes Facts" disclosure to consumers. The
Sweepstakes Facts will include new disclosures. Additionally, Time will not be
able to misleadingly state that a consumer is about to become the winner of a
sweepstakes, misleadingly tell consumers that they have a better chance of
winning a sweepstakes than they actually do, or falsely represent that the
sweepstakes package has been sent by special courier or a special class of
mail.
Time, Inc. -
U.S. Bank has agreed to stop the practice of sharing customer account
information with third parties for the purposes of marketing non-financial
products or services.
U.S. Bank -
Under the terms of the settlement, the defendants must clearly disclose: 1)
the "rate of return" in all advertising claims of successful stock marketing
trading strategies, 2) that "future results may vary," and 3) testimonials reflect
only one person's success and that consumers must not assume that it
represents its overall rate of success.
Wade Cook Financial
Corp.
-
As part of the settlement, a $107 million business settlement fund will be set
up to reimburse businesses in the 23 participating jurisdictions. Defendants
were enjoined from violating Plaintiff States' antitrust laws for a period of 2
years.
F. Hoffman La Roche BASF
The company agreed to replace up to an additional 1.4 million tires identified
by the National Highway Traffic Safety Commission as having high separation
rates.
Bridgestone-Firestone,
Inc.
-
The defendants must cease selling their "medical devices" unless and until the
products have been approved by the FDA.
Health Direct Lipo-Slim
HCA has also signed a Corporate Integrity Agreement with the Department of
Health and Human Services. The agreement will assure that the violations
that led to this investigation in the first place are not repeated. It will also
require HCA to self-report misconduct to the Department of Health and
Human Services and cooperate in the ongoing investigations into the conduct
of individuals.
HCA, Inc. -
The settlement prohibits PCC Direct from advertising, selling, or dispensing
Crystal Ear without securing a license. PCC Direct also is prohibited from
disseminating any advertisement for the product which is false, misleading, or
deceptive.
PCC Direct, Inc. -
Under the agreement, Toysmart has agreed to destroy its customer list and, in
exchange, Buena Vista Internet Group, a Disney subsidiary, will pay the
company $50,000. In addition, the Attorneys General will have the right to
take appropriate steps to verify that the list has been destroyed.
Toysmart.com -
As part of the settlement, Bayer will provide the government with data on its
average selling prices, showing what it actually charges most commercial
customers. Medicaid officials said they could use the data to set lower, more
appropriate reimbursement rates.
Bayer Corp. -
Under the terms of the agreement, Aventis will pay 25 cents per bushel to
StarLink growers and buffer growers to control corn grown from StarLink
hybrids and corn grown within 660 feet of corn grown with StarLink hybrids
and move such corn to approved sites and uses through Aventis' "StarLink
Enhanced Stewardship" program. In addition, growers and elevators are
eligible for Aventis payments for documented StarLink costs or losses, such as
transportation, storage, testing, demurrage (extra costs resulting from
handling StarLink), and loss of value.
Aventis CropScience -
The settlement requires the defendants to clearly disclose in written materials
that a purchase of a vacation package is required in order to receive any of
the benefits described in the solicitation. In addition, the settlement prohibits
the defendants from misrepresenting material terms and conditions of the
vacation offers.
Cape Canaveral Cruise
Line Tour and Travel
Promotional Travel, Inc.
A portion of the $8 million will pay for a widespread advertising campaign to
alert contact lens users of the settlement and inform consumers how to
receive the benefits. Approximately $6.7 million will be available for other
purposes, subject to the court's approval.
Bausch & Lomb, Inc. -
The settlement requires RDA to include in all of its sweepstakes mailings a
clear and conspicuous "Sweepstakes Facts" disclosure to consumers. RDA also
has agreed to stop soliciting high activity customers until it contacts those
customers and determines that they are not buying because they think buying
will help them win.
The Reader's Digest
Association
-
The settlement prohibits Bigsmart from requiring people to sign up for malls
to buy products in order to be eligible for commissions. Additionally, the
settlement prohibits Bigsmart from engaging in pyramids and making specific
earnings claims.
Bigsmart.com -
Under the terms of their settlements, Wilcox and Sweeney are permanently
banned from the promotion or sale of any credit-related goods or services,
and from engaging in or assisting others in telemarketing activities. Churchill is
permanently banned from engaging, or assisting others engaged in the
marketing and sale of any credit-related goods or services.
Victor Stanley Wilcox Belinda Sweeney
Under the settlement, Marathon Ashland will cut emissions by using
innovative technologies, incorporating improved leak detection and repair
practices, and making other pollution-control upgrades.
Marathon Ashland
Petroleum
-
The court of appeals upheld most aspects of the rule but remanded several
particulars to the Agency for reconsideration. Specifically, it remanded to
allow the Agency to (1) properly justify either the current or a new set of EGU
utilization growth factors to be used in estimating utilization in 2007, and (2)
to either alter or properly justify its categorization of cogenerators that sell
electricity to the electric grid as EGUs.
EPA -
The consumer benefits package will include: $ 50 off the purchase of four six-
packs of disposable lenses; $ 25 off the cost of an eye examination by an eye
care professional; and an additional $ 25 off a future purchase of four or more
of six-packs lenses.
Johnson & Johnson
American Optometric
Association
The Court of Appeals held that: (1) reopening of comment on data used to
calculate state budgets, on rulemaking for technical amendments, triggered
limitations period for petitioners to challenge EPA's growth factors for electric
generating units (EGUs); (2) previous case challenging pre-amendment version
of rule did not preclude growth factor challenge on res judicata grounds; (3)
remand was required for EPA's explanation of its use of Integrated Planning
Model (IPM) to estimate EGU utilization rates; (4) remand for clarification of
EGU definition was required; and (5) to extent technical amendments
established a statewide budget for Missouri, such amendments were vacated
and remanded.
EPA -
The settlement prohibits PCH from using a variety of tactics, including making
any false, deceptive or misleading representations or omitting or concealing
important facts regarding a sweepstakes.
Publishers Clearing
House
-
These "StarLink growers" and "buffer growers" are eligible for various kinds of
compensation under an agreement that state Attorneys General reached with
Aventis on January 23, 2001.
Aventis CropScience -
Under the settlement, which covers the time period of January 1,1988 to June
1, 1997, CVS agreed to modify its pharmacy billing operations to ensure
future compliance with all applicable laws, including Medicare and Medicaid
rules and regulations.
CVS -
Under the terms of the settlement, Texaco will sell all of its downstream retail
and wholesale motor gasoline interests in the United States and aviation
gasoline assets in the settling states to another company.
Chevron Texaco
In addition, customers will receive refunds or credits, prompt delivery, new
contracts with clear terms and conditions, and a guarantee that no one will be
charged above the written price for fuel or services.
Level Propane Gases Inc. -
As part of the agreement in principle with the states, TAP will be required to
report accurate pricing information to the state Medicaid programs as well as
the commercial price reporting services that provide pricing information to
the states. Additionally, TAP will cooperate with the states in investigating
other health care providers, including physicians, who have damaged the
Medicaid programs by taking advantage of TAPs marketing schemes.
TAP Pharmaceutical
Products
-
The settlement prohibits the defendants from misrepresenting "free" offers
for goods or services and failing to disclose the terms and condition of
accepting "trial" club membership offers. The settlement also prohibits the
defendants from obtaining from third parties consumers' personal billing
information, including credit information without consumers' authorization,
or from disseminating the information, or from signing up or renewing
existing memberships without authorization from consumers. The defendants
are enjoined from violating the Telemarketing Sales Rule and must retain a
third party monitor to oversee their future business operations.
Triad Discount Buying
Services
-
The agreement states that Microsoft cannot prohibit manufacturers and
vendors from "(i)nstalling, and displaying icons, shortcuts or menu entries for
any non-Microsoft middleware or any product or service ...." It also says
Microsoft cannot keep manufacturers and vendors from distributing or
promoting such middleware. Microsoft is also ordered to give its rivals access
to code and documents for Microsoft middleware so those rivals can design
products that "interoperate" with Windows.In addition, Microsoft must
license its operating system to major computer manufacturers for five years
and must use a "uniform license agreement" to assure a level playing field.
Microsoft is banned from entering into contracts that require the exclusive
support of Microsoft software. Finally, the agreement prohibits Microsoft
from retaliating against any manufacturer or vendor that uses, distributes or
promotes a rival's middleware.
Microsoft -
The settlement provides that: Bridgestone-Firestone will reimburse or refer to
arbitration certain consumer complaints forwarded to Attorney General
offices and/or relevant state agencies prior to November 8, 2001, or
submitted to Bridgestone/Firestone by the end of 2001.
Bridgestone-Firestone
Inc.
-
Under the terms of the agreement, Amazon.com agreed to protect the
personal information of former Egghead.com customers by either destroying
their information or placing the customer information under the control of a
third party.
Amazon.com -
Agreed to divest the Golden Eagle CARB Refining and Marketing assets in
order to ensure that there remained viable competitors in the business.
Valero Energy Corp
Ultramar Diamond
Shamrock Corp.
Suiza agreed to enter into processing agreements with resellers and was
enjoined for a five-year period from entering any agreements that restricted
or prevented Stop & Shop Supermarkets from selling fluid milk or cream
products supplied by other farms.
Suiza Food Corp.
Stop & Shop
Supermarket
The settlement prohibits Orkin from representing that its subterranean
termite control services are effective in preventing or eliminating an
infestation, unless it possesses credible scientific evidence to support such a
claim. In addition, Orkin must cease misrepresentations about its guarantees
and warranties.
Orkin Exterminating
Company, Inc.
-
After negotiations among the Attorneys General, the debtors, and the
corporation group purchasing Quality Farm and Fleet, the court authorized
the redemption of gift certificates.
Quality Farm & Fleet -
The agreement prohibits the defendant from advertising, selling, or dispensing
the "Crystal Ear" in any of the States without securing a license, and from
disseminating any advertisement for any hearing aid, which is false,
misleading, or deceptive.
TechnoBrands, Inc. -
The chain also agreed to implement a training program for employees and use
checkout registers that will prompt cashiers to check for identification.
Walgreens -
In addition, the carriers agreed to disclose to consumers the total cost of the
long distance service offered, with the exception of taxes that carriers are
required by law to pass on to their customers, and disclose clearly and
conspicuously any limitations on their advertised rates or calling plans.
AT&T Sprint
The settlement requires Citibank to include new consumer protection policies
in its contracts with telemarketing firms that will: Prohibit deceptive
solicitations by its vendors; Require the bank to review and approve all vendor
scripts and marketing materials; Require telemarketing firms to comply with
all applicable consumer protection laws; Prohibit customer charges unless
there is express authorization given by the account holder; Require clear and
conspicuous directions from customers to cancel purchases at any time,
including providing a toll free telephone number to cancel purchases.
Citibank -
The settlement of these consolidated lawsuits includes: An injunction
preventing First Alliance and Brian Chisick from making misrepresentations
regarding offers of credit; The establishment of a redress fund to be
distributed to borrowers who obtained loans from First Alliance from Jan. 1,
1992 and March 23, 2000, and who have not settled separately with First
Alliance. A permanent ban preventing the Chisicks from engaging in mortgage
lending in California, Florida and Illinois.
First Alliance Mortgage -
The District of Columbia Circuit Court of Appeals, 175 F.3d 1027, vacated in
part and remanded. The Court of Appeals, 195 F.3d 4, denied EPA's petition
for rehearing en banc. The Supreme Court, 531 U.S. 457, 121 S.Ct. 903, 149
L.Ed.2d 1, affirmed in part, reversed in part, and remanded. On remand, The
Court of Appeals, Tatel, Circuit Judge, held that EPA's adoption of NAAQS for
ozone and fine PM was not arbitrary or capricious.
EPA -
Brown & Williamson's payment will be made to coincide with the next
scheduled payment of approximately $5 billion to the States on April 15.
Brown & Williamson -
After reviewing the test data relied on by the EPA, the court found that the
EPA's predictions were not arbitrary and capricious. The court also addressed
a direct challenge to the low sulfur standard of 15 ppm. Although the court
found that this low level was not required to maintain public health, the lower
level would help to prevent impairment of sulfur sensitive control devices.
The court also addressed a challenge to new rule's allowance of cross-subclass
averaging during the 2007-09 phase-in period. Although this could
competitively disadvantage companies that made only large diesel engines,
and thus could not average with smaller engines, the court nevertheless
upheld the rule because the EPA's primary goal was not to ensure fair
competition.
EPA -
Upon review, the court of appeals conclude that the Haze Rule's BART
provisions were contrary to the text, structure and history of 169A of the
Clean Air Act (CAA), 42 U.S.C.S. 7491, because the rule isolated 42 U.S.C.S.
7491(g)(2)'s benefit calculation and constrained authority Congress conferred
on the states. Although the petitioners also contended that no concept of a
group or area-wide BART determination could ever be consistent with the
CAA, the court chose not to decide that broad issue. The court held only that
the Haze Rule's treatment of 7491(g)(2)'s benefit calculation and its
infringement on states' authority under the CAA rendered the BART provisions
of the Haze Rule impermissible. Accordingly, the court denied the petitions for
review of the natural visibility goal, 42 U.S.C.S. 7491(a)(1), and the no
degradation requirement, 42 U.S.C.S. 7491(a)(4).
EPA -
The terms of the Eckerd settlement include an Integrity Agreement that will
be administered by the Office of Inspector General of the Department of
Health and Human Services in which Eckerd agreed to modify its pharmacy
billing operations to ensure future compliance with applicable laws and
Medicare and Medicaid rules and regulations. The Integrity Agreement
requires the company to monitor these practices for problems, and
establishes sanctions for violations. The state Medicaid Fraud Control Units
assisted in the development of the Integrity Agreement.
Eckerd Corp. -
The settlement releases Tenet from civil and administrative liability for the
improperly submitted claims for lab tests which may not have been medically
necessary or which should not have been billed separately but rather grouped
into panels.
Tenet Healthcare -
The settlement builds on an earlier FTC settlement; it requires Eli Lilly to
strengthen its internal standards on privacy protection, training, and
monitoring. The company must institute automated checks of its software
that accesses consumer information databases. Eli Lilly also must undergo
annual compliance reviews over the next five years and report the findings to
the states.
Eli Lilly -
As part of the settlement, Exxon Mobil will hire an outside firm to conduct
random checks at company-owned stores to see if employees comply with
the agreement and not sell tobacco products to children. Exxon Mobil also
agreed to implement new employee training to teach clerks to check
identifications of customers who appear younger than 27. The company also
will ban self-service displays of tobacco products, end distribution of free
tobacco product samples on store property and use store security cameras to
monitor compliance.
ExxonMobil -
In addition, the order bans the defendants for life from telemarketing credit-
related products or services and for three years from any telemarketing or
sales of any credit-related goods or services. The order also imposes a lifetime
bond requirement mandating that they post a $500,000 bond before
conducting any telemarketing or sales of credit-related goods or services. It
also prohibits the defendants from making misrepresentations similar to
those alleged in the complaint and from violating the TSR. Finally, it requires
the defendants to comply with the state laws they are alleged to have
violated.
American Savings
Discount Club
-
The settlement requires DoubleClick to limit data-gathering activities to
situations where consumers are better informed of DoubleClick's activities.
DoubleClick must collect consumer data only from websites that warn
consumers that they are being tracked. Similarly, Doubleclick may not glean
consumer information for its database if the information was obtained during
routine maintenance or servicing of websites. In addition, DoubleClick must
undergo annual outside reviews of its compliance with its privacy policy
promises.
DoubleClick -
Under the agreement, the company agreed to: Encrypt sensitive data during
transmission from consumers; Control file access through user authentication
and application controls; Monitor and control server activity; Review
applications prior to implementation; Implement risk identification and
response protocols; and Establish management oversight and employee
training programs.
Ziff-Davis -
Under terms of their agreement with the FTC, Conoco will sell its 62,000-
barrel-a-day refinery near Denver and Phillips will sell its 25,000-barrel-a-day
refinery near Salt Lake City. Phillips will also sell more than 200 gasoline
stations in Colorado, Utah and Wyoming to address concerns that the
combination would hurt competition in the Rocky Mountain region. Further,
the companies were enjoined for 10 years from attempting to reacquire
ownership of those divested assets without giving the States 30 days prior
written notification.
Phillips Petroleum Conoco
The settlement requires Amazon to provide heightened protections for
consumer data collected under prior privacy policies, in effect, grandfathering
in previous policies for longtime consumers. Also, Amazon must not sell its
customer database to marketers and must significantly narrow the wording of
exceptions in its current privacy policy. In addition, Amazon agreed to provide
specific examples to consumers explaining how data will be used and what
data the company will gather about its customers.
Amazon.com -
Salton was further enjoined from initiating or participating in anti-competitive
practices. In addition, Salton agreed to pay the sum of $200,000 to reimburse
the Plaintiff States for investigative costs and attorneys fees. The settlement
fund was distributed cy pres to food and nutrition programs among the
Plaintiff States on a pro rata basis.
Salton, Inc. -
The settlement requires the defendants to clearly and conspicuously disclose
the contest rules, including: information on the number of rounds involved;
the date by which a winner will be determined; a complete listing of fees
involved; an illustrative final round puzzle sample; and the estimated number
of contestants.
Contest America -
Defendants will provide approximately 5.5 million music CDs (valued at $ 75.7
million) for distribution by the state attorneys general to not-for-profit
corporations, charitable groups and governmental entities such as schools and
libraries for the benefit of all consumers in each state; agreed to an injunction
preventing them from forcing retailers to increase CD prices and ensuring
strong price competition between defendants.
Sony Music
Entertainment
EMI Music Distribution
Under the agreement, Household agreed to: Pay up to $484 million to
consumers nationwide.; Limit prepayment penalties on home loans to the
first two years of the loan and clearly disclose the cost of the penalty.; Ensure
that new loans provide a benefit to consumers before making them.; Limit
points and origination fees to 5 percent.; Improve disclosures to consumers,
including whether a loan carries a balloon payment and the amount of that
payment; Eliminate "piggyback" second mortgages.
Household Finance -
Under the agreement, Access Resource is permanently enjoined from
advertising, offering for sale, selling, providing, or billing for pay-per-call 900-
number services. The companies must forgive all outstanding debts owed by
consumers for all unpaid pay-per-call charges, including approximately $ 2.2
million in unpaid telephone charges dating back to August 2000. Lastly, the
companies must cease all collection activities.
Access Resources
Services
Psychic Readers
Network
As part of the settlement, Pfizer Inc. has entered into a Corporate Integrity
Agreement (CIA) with the United States Department of Health and Human
Services' Inspector General. The CIA will require strict scrutiny of the
company's marketing and sales practices for the next five years.
Pfizer -
Williams agreed to open its internal records to the three states' investigators,
and AGs said the information could be key to winning settlements from other
energy companies.
Williams Energy
Marketing and Trading
Co.
-
The proposed merger was abandoned by the parties following the suit. EchoStar Satellite Corp.
Hughes Electronics
Corporation
The settlement prohibits Ford from misrepresenting cargo capacity, safety
and handling characteristics for SUVs, among other things. Ford also agreed to
share information with the federal government and competitors about its
patented Belt-Minder technology, which reminds drivers to buckle up with
five minutes of intermittent beeping and a flashing light on the instrument
panel.
Ford -
BP will crack down on sales of tobacco to teenagers by asking for
identification from all customers. The company also agrees to several other
requirements, including self-checks and employee training.
BP Amoco -
The settlement bars the credit card company from charging a consumer
unless the vendor obtains express authorization for the purchase. It also
requires the company to review and approve all its vendor telemarketing
scripts.
First USA/Bank One -
Pfizer is prohibited from making any representations in ads about Zithromax
regarding dosage convenience, frequency of use, or efficacy unless Pfizer has
competent and reliable scientific evidence to support such claims. Pfizer also
must cease the direct consumer ads that were the subjects of the
investigation.
Pfizer -
Stericycle agreed to divest certain assets, namely the Haverhill Transfer
Station, in order to maintain viable competition in the medical waste disposal
market.
Stericycle Inc. Scherer Healthcare, Inc.
CVS must inform consumers of the amount of prescribed medication that has
been dispensed and the reason for furnishing a partial-fill prescription. In
addition, CVS also must provide notice to consumers that they are not
required to pay for a partial-fill prescription at the time they receive it.
CVS -
Agreed to divest to competing publishers certain assets in order to restore
viable competitive markets in Cleveland and Los Angeles
Village Voice Media, LLC New Times Media
Under the settlement agreement, Aventis and Andrx will pay $80 million into
a fund that will compensate consumers, state agencies and insurance
companies that overpaid for Cardizem CD and its generic equivalent between
1998 and 2003.
Aventis Pharmaceutical,
Inc.
Andrx
The settlement also contains strong injunctive relief, which will prevent Bristol-
Myers from engaging in the type of conduct alleged in the complaint. Most
notably, the company may not enter into agreements with generic drug
manufacturers to settle patent infringement suits, if the result of such an
agreement would have a potentially adverse effect on competition.
Bristol-Myers Squibb Danbury Pharmacal
While El Paso has admitted no wrongdoing, the company has agreed to
cooperate with the states' ongoing investigations into energy price
manipulations.
El Paso Corp. -
As a result of an order, The Wiz will accept through the close of business
returns of merchandise before April 7th and store credits issued before March
8th. Prior to the involvement of the attorneys general, these programs were
scheduled to expire on March 28th.
The Wiz -
Under the settlement, ADM will install state-of-the-art controls on a large
number of units, shut down some of the oldest, dirtiest units, and take
emission limits on others. Additionally, ADM's oilseed operations will accept
new, more stringent emission limits for VOC and HAP emissions -- limits the
regulators expect will set new standards for the industry.
Archer Daniels Midland -
An addendum with new obligations will be added to Bayers current
Corporate Integrity Agreement (CIA) with the U.S. Department of Health and
Human Services, Office of the Inspector General. At the insistence of
NAMFCU, Bayer will be required to certify its best price methodology.
Bayer Corp. -
GSK will also enter into a Corporate Integrity Agreement (CIA) with the U.S.
Department of Health and Human Services, Office of the Inspector General. At
the insistence of NAMFCU, the CIA will require GSK to certify its best price
methodology.
GlaxoSmithKline -
This settlement requires VEPCO, one of the nation's largest coal-fired electric
utilities, to install new pollution control equipment and upgrade existing
controls on several units in its system, and will result in substantial pollution
reductions. The settlement covers eight VEPCO plants, six in Virginia and two
in West Virginia, comprising 20 electricity-generating units.
Dominion Virginia
Power
-
The settlement also contains strong injunctive relief that will prevent BMS
from engaging in anti-competitive conduct in the future. The company has
also agreed to provide free quantities of Taxol to U.S. Drug Enforcement
Agency-approved health care facilities.
The Court of Appeals held that: (1) section of the Clean Air Act requiring the
EPA to conduct study to assess the need for, and feasibility of, controlling
emissions of toxic air pollutants from motor vehicles and then, based on
that study, to promulgate emissions standards to require the greatest degree
of emission reduction achievable in light of the availability and costs of the
technology, and noise, energy, and safety factors, and lead time, did not
make validity of standards dependent on that of initial study; (2) EPA's
decision to adopt mere anti-backsliding rule, to prevent toxic emissions from
increasing above historic levels, rather than more aggressive emissions cap,
was not arbitrary or capricious; (3) EPA did not sufficiently explain its decision
not to require on-board diagnostic equipment for new heavy-duty vehicles
over 14,000 pounds; and (4) EPA's decision merely to list diesel exhaust as
mobile air toxic that would be considered for purpose of future regulation, did
not present any issue ripe for judicial review.
EPA -
The court agreed with the club's principal contention that the EPA was not
authorized to grant conditional approval to plans that did nothing more than
promise to do tomorrow what the CAA required today. The plans did not
contain a number of the elements required for full approval and the plans
were also missing the additional elements required for severe nonattainment
areas. The court, however, rejected the club's other arguments.
EPA -
The agreement also requires H&R Block, to revise their marketing procedures;
to require a customer's affirmative agreement before charging for the
guarantee in the future; and to reimburse the states for the costs of the
investigation.
H&R Block -
The agreement requires paint manufacturers to affix warning labels on paint
cans and provide consumer education and training, alerting consumers to the
hazards of lead paint exposure and how to avoid it. The agreement requires
both a lead exposure warning on the side of the paint can, as part of the
manufacturer's surface preparation instructions, and an abbreviated warning,
either on the top of the can or on a separate "sticker," where the warning is
less likely to be obscured after the paint is used.
National Paint and
Coatings Association
-
The settlement requires EchoStar to clearly and conspicuously disclose the
material terms of its satellite television service, disclose all fees, and protect
consumers and third-party payers from unauthorized electronic funds
transfers from their accounts, establish a convenient system for customers to
cancel their service, establish a system for receiving and resolving consumer
complaints, and ensure its installers are properly licensed and bonded.
EchoStar Satellite Corp. -
The settlement requires Leasecomm to stop collection against all outstanding
judgments involving the financing of business opportunities and virtual
terminals (software or services that enable customers to process credit card
transactions online), dismiss or transfer pending collection actions against
customers and refile these suits in the customer's local jurisdiction, limit
automatic renewal periods in its financing contracts to month-to-month
renewals, stop enforcing existing contract provisions that require consumers
to waive all their defenses.
Leasecomm Corp. -
As part of the settlement, all major tobacco manufacturers agreed they will
take responsibility for cigarettes they manufacture for other companies. The
settlement avoids complex disputes over whether the 1998 settlement was a
"significant factor" in causing the market share of the companies that signed it
to decline during the first four years of the agreement.
Agreed to cooperate with the states in investigations of individuals who
supplied or received free Zoladex and who may have civil or criminal kickback
liability under state law. In addition, the company will supply the state
Medicaid program with pricing information on Zoladex and comparable
products so that Medicaid pharmacy directors continue to receive more
accurate pricing information.
AstraZeneca -
Abbott Laboratories -
The agreement requires Wal-Mart to: Check the ID of any person purchasing
tobacco products when the person appears to be under age 27, and accept
only valid government-issued photo identification as proof of age; Use cash
registers programmed to prompt ID checks on all tobacco sales; Hire an
independent entity to conduct random compliance checks of approximately
10% of Wal-Mart stores every six months; Prohibit self-service displays of
cigarettes and the use of vending machines to sell tobacco products; Prohibit
the sale of smoking paraphernalia to minors; Train employees on state and
local laws and company policies regarding tobacco sales to minors, including
explaining the health-related reasons for laws that restrict youth access to
tobacco.
Wal-Mart -
Under the settlement, Nextel will offer free minutes to customers and will list
the fee on billing statements in a more prominent location than it was
originally displayed.
Nextel Communications
Inc.
-
Under the deal, the EPA predicted Chevron will reduce harmful emissions by
nearly 10,000 tons a year. Emissions of nitrogen oxide will drop by more than
3,300 tons, and sulfur dioxide emissions will be reduced by nearly 6,300 tons.
Chevron also agrees to upgrade its leak detection and repair practices,
implement programs to minimize flaring of hazardous gases, and ensure
proper handling of hazardous benzene wastes.
Chevron -
Under the agreement, Philip Morris USA, R.J. Reynolds Tobacco and U.S.
Smokeless Tobacco will remove ads from school editions of Time, Newsweek
and U.S. News & World Report. Brown & Williamson Tobacco, which does not
advertise in U.S. News, will remove ads from Time and Newsweek.
Philip Morris R.J. Reynolds
First Data has agreed to divest its entire interest in NYCE Corporation in order
to proceed with its proposed $7 billion acquisition of Concord EFS.
First Data Concord EFS
Several changes, including: minimizing the use of under-aged persons in
positions that may involve selling tobacco; providing job applicants with
explanations of the company's policies relating to the sale of tobacco products
to minors, including warnings that sales to minors may be cause for dismissal;
and providing new employees with copies of company policies regarding
tobacco sales, and providing training in tobacco laws and company policies
within two weeks of an employee's assumption of duties.
ARCO gas stations BP West Coast Products
The court found that the states had standing to challenge the EPA's actions
because lower growth factors leading to lower emissions budgets caused
injury to the states. The EPA erred in not providing an opportunity to
comment when it added new material to the docket subsequent to its initial
Notice of Data Availability, but because the states had not shown a substantial
likelihood that the rule would have been significantly changed in the absence
of that procedural error, it would not serve as the basis for invalidating the
agency's action. In light of the deference accorded to the EPA, and because
the EPA reasonably explained its choice of methodology for projecting EGU
growth factors, specifically its reasons for relying on the Integrated Planning
Model projections for years 2001-2010 in determining the projected growth
rate for 1996-2007, the petitions for review of the EPA's method for
determining the EGU budgets were denied.
EPA -
Individuals agreed to a court order barring them from contributing or
engaging in the challenged practices.
Anthony Feldman Other individuals
The settlements are significant in that they include broad "conduct remedies"
concerning PBMs' intervention activities and financial relationships with their
customers. The settlement requires various disclosures; to reimburse patients
for out-of-pocket costs for drug switch-related health care costs and notify
patients and prescribers that such reimbursement is available; Obtain express,
verifiable authorization from the prescriber for all drug switches; Inform
patients that they may decline the drug switch and receive the initially
prescribed drug; Monitor the effects of drug switches on the health of
patients; and adopt the American Pharmacists Association code of ethics and
principles of practice for pharmaceutical care for employees at its mail order
and call center pharmacies.
Medco Health Solutions
Inc.
-
Reached in conjunction with a federal settlement negotiated by the United
States Attorney's Office in Boston, in which Warner-Lambert pled guilty to
violating the Food, Drug and Cosmetics Act and paid a fine of $240 million.
Warner-Lambert -
In resolving the consumer fraud investigation, Warner-Lambert agreed to pay
$28 million for a remediation program, of which at least $21 million will be
used to fund education programs. Approximately $6 million will go toward a
national advertising campaign to provide physicians and consumers with
information about Neurontin and other similar drugs.
Warner-Lambert -
The settlement also includes a provision that New Access must tape record its
telemarketing calls and adopt other marketing restrictions.
New Access
Communications
-
Ford Motor Credit will notify 150,000 customers nationwide of the
settlement. Ford has also agreed to change its Red Carpet lease contract
language to clearly explain a consumer's rights when terminating a vehicle
lease early.
Ford -
Includes an Integrity Agreement that will be administered by the Office of
Inspector General of the federal Department of Health and Human Services in
which Rite Aid agreed to modify its pharmacy billing operations to ensure
future compliance with applicable laws and Medicare and Medicaid
regulations. The Integrity Agreement requires the company to monitor these
practices for problems and establishes sanctions for violations.
Rite-Aid -
In addition to the $2.8 million payment, Wal-Mart has reached an agreement
with the federal Department of Health and Human Services' Office of
Inspector General that the company's conduct will be monitored by the
government under a four-year corporate integrity agreement.
Wal-Mart -
The environmental group argued that all multi-use areas were required to use
photochemical grid modeling as long as their maintenance plans were in
effect. The court rejected that argument, deferring to the EPA's view that
other tools could suffice because that view did not contradict 42 U.S.C.S.
7511a, which only arose because the maintenance plan amended the
implementation plan and dealt with pre-attainment requirements.
EPA -
Settlement aims to drastically cut the pollution from its aged coal-burning
power plant along the Ohio River near Steubenville. The corporation is
expected add equipment to reduce pollutants blamed for acid rain, smog and
poor health by 90 percent over the next six years.
FirstEnergy Corp. -
The proceeds of all three settlements would be distributed to consumers and
businesses harmed by the energy crisis. A committee of business, industry and
legislative leaders will decide how the businesses' portion of the restitution
will be spent.
Duke Energy -
The three companies will now provide maps that are as accurate as possible
under current technology. Also, the carriers have agreed to give new
customers 14 days to try out their wireless service to ensure service is
available in the area of their choosing. In addition, new customers can cancel
their service contracts for any reason within three days without paying an
early termination fee. Other provisions of the agreement call for disclosures in
advertisements and retail.
Verizon Wireless Sprint PCS
The company will enter into a Corporate Integrity Agreement with the
Department of Health and Human Services to correct its government pricing
and Medicaid rebate reporting failures.
Schering-Plough -
Alpharma Inc. Perrigo Co.
The court rejected the FTC and AGs' request for a temporary injunction. The
governments dropped the antitrust case shortly afterwards.
Arch Coal Triton Coal Co.
Under the Assurance of Voluntary Compliance Rite Aid is required to: check
the ID of any person purchasing tobacco products when the person appears to
be under the age of 27, and accept only valid government-issued photo ID as
proof of age; use cash registers programmed to prompt ID checks on all
tobacco sales; prohibit self-service displays of certain tobacco products, the
use of vending machines to sell tobacco products, distribution of free samples,
and sale of cigarette look-alike products; prohibit the sale of smoking
paraphernalia to minors; hire an independent entity to conduct random
compliance checks of approximately 12 percent of all Rite Aid stores in
participating states every six months; and train employees on state and local
laws and company policies regarding tobacco sales to minors, including
explaining the health-related reasons for laws that restrict youth access to
tobacco.
Rite-Aid -
The judge sided with Oracle on most counts: "Plaintiffs have not proved that a
post-merger Oracle would have sufficient market share in the product and
geographic markets" to be anticompetitive.
Oracle PeopleSoft
The settlement will require CITGO to spend an estimated $320 million to
install and implement state-of-the-art control technologies to reduce
emissions at its refineries. CITGO's actions under this agreement are expected
to reduce annual emissions of nitrogen oxide (NOx) by more than 7,184 tons
and sulfur dioxide (SO2) by more than 23,250 tons. The agreement will also
require reductions of volatile organic compounds and other hazardous air
pollutants at all CITGO refineries.
CITGO -
The agreement permits R.J. Reynolds to use some hip-hop-related marketing,
such as holding DJ contests. However, such contests must take place in adult-
only venues and they cannot be broadcast. The company can no longer give
away merchandise displaying the words "MIXX" or "House of Menthol."
A federal court in San Diego fined Fax.com and some of its officials $51
million and banned it from sending more faxes. Sharing in the judgment are
the California attorney general and the U.S. Department of Justice.
Fax.com -
Organon also agreed to make timely listings of patents and to submit accurate
and truthful information to the FDA.
Organon USA Inc Akzo Nobel NV
Under the agreement with the Justice Department filed in federal court in
Washington, Cingular must divest itself of the new combined company's
assets in 11 states.
Cingular Wireless Corp.
SBC Communications
Inc.
The agreement requires Merck to: Provide upon request prepaid UPS mailers
to consumers still possessing Vioxx or to arrange to pick up the drug at
consumers' homes; Allow consumers who destroyed their unused Vioxx to
certify in writing that they had Vioxx on September 30, 2004, but discarded
the product under doctors' orders; Extend the deadline for filing a claim from
December 31, 2004 to March 31, 2005; publicize the revised refund program
in future advertisements or print notices; Ask rheumatologists and primary
care doctors to inform their patients of changes to the refund program; Work
with HMOs and pharmacies to mail eligible consumers updated refund Vioxx
notices; Inform consumers whose refunds Merck rejected because they failed
to return unused Vioxx that they may resubmit their claims.
Merck -
TCF agreed to forgive 100% of the remaining obligations of the customers
involved.
TCF Leasing -
Daicel Chemical
Industries, Ltd.
Eastman Chemical
Company
The company is working with state motor vehicle departments to determine
who will receive compensation for buying a car they didn't realize had been in
a serious accident.
State Farm Mutual
Insurance
-
Under the settlement, NRCCUA may not misrepresent how it collects or
shares personal information compiled from the Survey. NRCCUA must disclose
clearly and conspicuously why it collects personal information and what
entities are funding the Survey. NCCRUA must cease all use of survey data
collected from a student if a parent or adult high school student opts-out of
completing the survey. Upon request, NRCCUA must also cease the use of all
previously collected information.
National Research
Center for College and
University Admissions
-
Improved procedures by Alyon to better ensure that only adults authorized to
incur charges are on the other end of the modem before connecting them to
adult material or starting the clock on per-minute charges; Alyon will provide
consumers with a free utility program they can download to remove all
modem dialer software deposited by their clients; lyon will require the adult
Web site operators to refrain from using potentially deceptive methods to
download modem dialer software onto consumers' computers.
Alyon Technologies Telcollect
ConocoPhillips must install new pollution controls that will reduce by
approximately 1,300 tons per year the refinery's emissions of nitrogen oxides
(NOx), which contribute to the formation of ozone and thereby aggravate
respiratory ailments such as asthma. In addition, ConocoPhillips will install a
new fuel gas system that will reduce emissions of sulfur dioxide (SO2) by
thousands of tons per year; other provisions.
ConocoPhillips -
SmithKline Beecham
Corp.
-
First DataBank Medi-Span
Aon agreed to pay $190 million into a fund to be paid to Aon's policyholder
clients; must undertake specific business reforms, including not accepting
Contingent Compensation, requests or any compensation in connection with
Aon's selection of insurers from which to solicit bids for its clients, and not
submitting false or inflated quotes.
Aon Corporation -
Abbott Laboratories
Geneva
Pharmaceuticals
Among the many actions some of the credit card companies have taken to
stop illegal online sales are: (1) adopting policies to prohibit the use of credit
cards for the illegal sale of cigarettes over the Internet; and (2) agreeing to
investigate and take action with respect to any Internet sellers identified by
law enforcement as accepting their credit cards for illegal online cigarette
sales.
Mastercard Visa
In exchange for not putting scrubbers on all the stacks at Sammis, the utility
agreed to reduce pollution at its Eastlake plant in Lake County, its R.E. Burger
Plant in Belmont County, and its Bruce Mansfield plant in Beaver County, Pa.
Most of the equipment will be purchased and installed between 2008 and
2010. The company will pay a further $25 million for programs designed to
mitigate the harmful effects of its past violations, including $14.4 million for
wind power projects in Pennsylvania, New Jersey or western New York, and
give the National Park Service $215,000 for a project to reduce air pollution in
the Shenandoah National Park.
Ohio Edison -
Under the new regulations, customers have a seven-day grace period to
return a rented movie or game after its initial due date. If the product is not
returned by this time, the rental is automatically converted into a sale, and
Blockbuster will charge the member's account or credit card the selling price.
Blockbuster -
As part of the deal, Willis agreed to certain changes in its business practices,
including better disclosure to clients and greater "transparency" in
transactions.
Willis Group Holdings
Ltd.
-
The forgiveness represents some 85% of the debt owed beginning on July 15,
2004, the approximate date that NorVergence stopped providing services.
GE Capital Corp. -
The settlement mandates that CIT and USB will only collect 15 percent of the
customer's remaining balance after July 15, 2004.
CIT Group US Bancorp
Time, Newsweek, People and Sports Illustrated have agreed to ban tobacco
advertising from their school library editions.
Philip Morris Sports Illustrated
The D.C. Circuit upheld the use of past emissions and projected future source
emissions to measure increases, the methods of measuring past emissions,
the elimination of a state option to use source-specific allowable emissions to
establish a plant's past baseline emissions, the exclusion of certain increases
from projected future actual emissions, and the plantwide applicability
limitations program. The D.C. Circuit vacated the provisions of the rule
regarding the clean unit test as well as pollution control projects. The court
remanded the recordkeeping provisions for EPA to adequately define
reasonable possibility to comply with the act or to devise an alternative
provision.
EPA -
The settlement would allow unsecured claims of $875 million (the amount
tied to Enron's bankruptcy proceeding); impose a $600 million civil penalty in
favor of the California, Oregon and Washington attorneys general; and
provide cash or cash equivalent of approximately $47.4 million.
Enron -
7-Eleven will hire an independent company to run a national mystery-shop
program. Random compliance checks will be done annually at 900 7-Eleven
stores in the signing states.
7-Eleven Inc. -
Agreed to forgive approximately 85 percent of the debt they claim consumers
owe on rental agreements and provide up to two years for customers to pay
any remaining balances.
De Lage Landen
Financial Services, Inc.
-
Reliant must continue to abide by a must-offer obligation for an additional
two years beyond the term provided in a previous settlement with
Commission staff, and continue to follow the Commission's market behavior
rules. Reliant must also report to the Commission and provide data regarding
sales of electricity in the U.S. portion of the Western Electricity Coordinating
Council. In addition, Reliant will be subject to semi-annual independent audits
of outages.
Reliant Energy -
Certain stores within those states would be sold to certain other identified
conventional department stores as long as Federated received a commercially
reasonable bid from a conventional department store
Stores
May Department Stores
Today's settlement calls for broad sweeping environmental improvements at
all nine of Cargill's corn processing plants, significantly advancing recent
efforts by the government to bring the ethanol industry into compliance. With
the lodging of today's consent decree, 81 percent of uncontrolled ethanol
production capacity will now be under settlement agreements to install air
pollution control technologies to reduce emissions.
Cargill -
As part of a condition for doing business in the future with providers who do
business with the Medicare and Medicaid programs, GlaxoSmithKline has
agreed to enter into an addendum to its existing Corporate Integrity
Agreement with the Office of Inspector General of the Department of Health
and Human Services that, among other things, will require the company to
report accurate average sales prices and average manufacturer's prices for its
drugs covered by Medicare and other federal healthcare programs.
GlaxoSmithKline -
Finally, as part of the settlement, Gambro has entered into a Corporate
Integrity Agreement with the United States Department of Health and Human
Services' Inspector General. The CIA will require strict scrutiny of Gambro's
billing practices for the next five years.
Gambro Healthcare Inc. -
The money, to be paid this month, constitutes 78 percent of the amount that
state investigators said was owed by the company. The AGs said the states
were willing to settle because the money is to be paid immediately and
because they may not have gotten as much in a trial.
MCI WorldCom -
Besides funding a Nebraska education effort that will be developed with the
NE AG's office, Yahoo also will prepare a manual for state, federal and local
law officers to help them investigate child safety cases.
Yahoo -
Serono will be excluded from all federal healthcare programs for at least five
years.
Serono Laboratories,
Inc.
-
Under the terms of the agreement, ExxonMobil will pay $8.7 million in civil
penalties, and spend an additional $9.7 million on Supplemental
Environmental Projects (SEPs) in communities around the company's
refineries. As partners in the settlement, the states of Illinois, Louisiana, and
Montana will share in the civil penalties.
ExxonMobil -
Agreed to forgive approximately 85 percent of the debt the company claims
consumers owe on rental agreements as of July 15, 2004, and provide up to
two years for customers to pay any remaining balances.
U.S. Express Leasing, Inc. -
AmeriNet also must make full restitution to consumers whose accounts were
debited by the company in connection with any telemarketing or Internet
transaction, refrain from doing business with certain telemarketers and follow
detailed prescreening and monitoring procedures designed to prevent future
unauthorized debits.
AmeriNet, Inc. -
Requires the company to enter into a Corporate Integrity Agreement with the
Office of Inspector General of the U. S. Department of Health and Human
Services, in order to monitor the company's operations and ensure
compliance with the law in the future.
King Pharmaceuticals -
Western Union will develop a computerized system to spot likely fraud-
induced transfers before they are completed, and increase the company's anti-
fraud staffing; warn consumers of various scams and even prevent the wiring
of funds if the destination has been linked to fraud.
Western Union Financial
Services
-
The company agreed to forgive up to 85% of the remaining obligations of the
involved customers.
Irwin Commercial
Finance Corp.
-
In addition to spelling out the requirements for the independently owned and
operated retail outlets, the agreement contains a series of policies and
procedures that will be fully implemented at stores directly owned and
operated by ConocoPhillips. These procedures will be designed to serve as a
model set of safeguards for the independent outlets.
ConocoPhillips -
As part of the agreement, DIRECTV has agreed to provide restitution to
consumers who complained about the matters previously discussed, clearly
explain all restrictions and conditions in its advertising.
DirecTV -
The settlement agreement requires Ameriquest to: provide the same interest
rates and discount points for similarly situated consumers; provide full written
and oral disclosures regarding interest rates, discount points and prepayment
penalties, and provide important information regarding consumers' pricing
options; overhaul its appraisal practices by prohibiting sales personnel from
selecting, contacting, or attempting to influence appraisers; provide accurate
good faith estimates; refrain from soliciting borrowers for refinancing within
two years of the original loan, except under limited circumstances; use
independent loan closers; and adopt policies to protect whistle-blowers and
facilitate reporting of improper conduct. The agreement also provides for the
appointment of an independent monitor to oversee Ameriquest's compliance
with the settlement. The monitor will have broad authority to examine
Ameriquest's lending operations and will have access to Ameriquest
documents and personnel.
Ameriquest Mortgage
Co.
-
Under the terms of the agreement, Newport's direct-mail solicitations will no
longer claim that the recipient has already won a prize, or will be guaranteed
a prize by responding to the solicitation. Newport will also stop creating
mailings unless the charity ultimately does award a prize. The company will be
required to include inserts in its mailings that explicitly state that the
consumer has not already won a prize, and that donating to the charity does
not improve chances for winning.
Newport Creative
Communications
-
The settlement establishes protocols providing for the: termination of
shipments of cigarettes to any of PM USAs direct customers that the
Attorneys General have found to be engaging in illegal Internet and mail order
sales; reduction in the amount of product made available to direct customers
found by the Attorneys General to be engaged in the illegal re-sale of PM USA
cigarettes to the Internet vendors; and suspension from the companys
incentive programs of any retailer found by the Attorneys General to be
engaging in such illegal sales.
Philip Morris -
Under the terms of today's settlement, if all eligible consumers participate in
the settlement, BB&T will refund or forgive over $6 million in rental payments
it claimed NorVergence customers owed.
BB&T Leasing
Corporation
-
The company will stop using the word "free" in advertising unless all the terms
and conditions related to the free offer are disclosed to the consumer and
comply with state and federal laws; Not make any health claims about
products that they cannot support with scientific evidence; Disclose
information about any automatic shipments, memberships, refunds and
guarantee procedures prior to a sale; Record all telemarketing calls and retain
them for one year; Provide consumer restitution for all consumers who file
complaints with the Attorney General's office, the Better Business Bureau, or
Berkeley within 90 days of the date of the settlement.
Berkeley Premium
Nutraceuticals
-
Check the ID of any person purchasing tobacco products when the person
appears to be under the age of 27, prohibit self-service displays of tobacco
products, hire an independent entity to conduct random compliance checks,
Limit tobacco signage to brand names, logos, other trademarks, and pricing,
and train employees on state and local laws and company policies regarding
tobacco sales to minors.
CVS -
The equipment replacement provision (ERP) violated 42 U.S.C.S. 7411(a)(4)
in two respects. First, Congress's use of the word "any" in defining a
"modification" meant that all types of "physical changes" were covered.
Second, Congress defined "modification" in terms of emission increases, but
the ERP allowed equipment replacements resulting in non-de minimis
emission increases to avoid NSR.
EPA -
Members of the Distilled Spirits Council agreed to remove their alcohol
advertisements from school library editions of five popular magazines -
People, Sports Illustrated, Time, Newsweek and U.S. News & World Report.
Distilled Spirits Council
of the United States
-
The settlements bar Zurich from engaging in any of the abusive practices
alleged by the states for a period of 10 years, and the company is now
required to fully disclose all compensation to agents and brokers.
Zurich American -
As part of the settlement, Time has agreed to provide clear disclosure
concerning all terms for automatic subscription renewals. The publisher will
also send customers written reminders about magazine renewals and will
detail their right to cancel their subscription.
Time, Inc. -
The state settlement secures recovery for purchasers that could not recover
under the class settlement. The settlement also provides recovery for other
state proprietary purchases for indigent care.
GlaxoSmithKline -
GlaxoSmithKline -
The settlement prohibits Yellow Pages, Inc., from sending solicitations in the
form of a check which, when cashed or deposited, purports to obligate the
consumer to pay for goods or services. The company is also restricted from
collecting payments from consumers who previously received check
solicitations or attempting to automatically renew any contracts with those
consumers.
Yellow Pages, Inc.
Electronic Directories
Co.
Chevron will ensure that employees selling tobacco are at least 18 years old,
post signs about checking identification, set up security cameras to record
sales and make other changes to reduce tobacco sales to minors.
Chevron -
ACE agreed to issue an apology, reform its business practices, pay $40 million
into a restitution fund and pay $40 million in fines and penalties ($24 million
to NY, $8 million each to IL and CT).
ACE Group Holdings -
The settlement requires Mirant to install pollution controls on several coal-
fired units and to cap its annual emissions of NOx.
Mirant Mid-Atlantic -
The deal imposes limits on contingent commissions after that date: If insurers
writing 65% of gross premiums in the group annuity market do not pay
contingent commissions, for example, Hartford may not offer them either.
The 65% test is identical to the threshold AG Spitzer set for excess casualty
lines in his settlements of Marsh-related charges with AIG, ACE and Zurich.
Hartford Financial
Services Group Inc.
-
In the settlement, the companies and their owner agreed to stop selling their
YMotion Progesterone cream or any other drug products as treatments for
human illnesses or diseases, unless they are first approved by the FDA. In
addition, the companies and their owner agreed to not make any health
claims in their advertisements unless they possessed clinical research proving
their claims to be true. The Right Solution agreed to return all of the payments
it received from consumers who file complaints about the YMotion Yam
Cream products they purchased by December 11, 2006.
Gateway Distributors
The Right Solution
Gateway
The protocols provide for: (a) termination of shipments of cigarettes to any of
Lorillard's direct customers that the Attorneys General have found to be
engaging in illegal Internet and mail order sales; (b) reduction in the amount
of product made available to direct customers found by the Attorneys General
to be engaged in the illegal re-sale of Lorillard's cigarettes to the Internet
vendors; and (c) suspension from the company's incentive programs any
retailer found by the Attorneys General to be engaging in such illegal sales.
Lorillard Tobacco Co. -
The multistate agreement reached by St. Paul Travelers largely mirrors
settlements reached by other insurers. St. Paul Travelers is barred from paying
contingent commissions on excess casualty business through 2008 and on
lines of business where insurers representing 65% of overall gross premiums
written in that line do not pay such commissions. St. Paul Travelers is also
mandated to support legislation that would outlaw such payments
industrywide. Furthermore, the insurer is required to adopt a series of
business reforms, including: enhanced disclosure of its compensation for
producers, improved employee training and education, better controls on its
finite and nontraditional reinsurance transactions and stricter reinsurance
reporting obligations.
St. Paul Travelers
Insurance Companies
-
In the proposed settlement agreement, 30 percent of the $70 million
settlement will go to consumers who incurred co-payments based on AWP for
a list of specific Medicare Part B covered drugs manufactured by GSK. The
remaining 70 percent will go to third-party payers including health plans,
HMOs and other organizations who purchased certain GSK drugs.
GlaxoSmithKline -
Popular Leasing also agreed to refund a portion of premiums and other fees
associated with replacement insurance for the matrix boxes.
Popular Leasing U.S.A.,
Inc.
-
The civil settlements with Schering further require the company to enter into
a Corporate Integrity Agreement with the Office of the Inspector General of
the U.S. Department of Health and Human Services, in order to monitor the
companys operations and ensure compliance with the law in the future.
Schering-Plough -
The egg industry also agreed to permanently drop "Animal Care Certified"
logos on egg cartons.
United Egg Producers -
The settlement requires PayPal to spell out important terms and conditions
before a consumer becomes a PayPal member and when members initiate
transactions; make information more accessible to users by changing how the
company uses hyperlinks and multi-page documents; provide its members
with a clear choice regarding what form of payment to use, either credit card,
debit card or electronic funds transfer from a bank account; and provide clear
access to web pages explaining important differences between its in-house
dispute resolution programs and chargeback rights granted by federal law to
consumers who use electronic banking, debit cards and credit cards to make
payments and purchases.
PayPal, Inc. -
Crown Bank Leasing -
Reynolds agreed to a ban in the United States of its flavored Camel Exotic
Blend, Salem Silver, and Kool Smooth Fusion cigarettes, which were sold
under such brand names as "Mandarin Mint," "Mandalay Lime," "Blackjack
Gin," "Cool Myst," and "Midnight Berry." The agreement also imposes
significant marketing restrictions that will make it virtually impossible for
Reynolds to market flavored cigarettes to youth.
R.J. Reynolds -
Under the settlement, Friedman's will have to clarify credit and insurance
agreements, provide written warranties, advise all customers that insurance is
optional and designate an executive to oversee consumer-protection law
compliance.
Friedman's Jewelers -
Reached agreement with the Department of Health and Human Services
Office of Inspector General that the companys conduct will be monitored by
the government under a Corporate Integrity Agreement.
Pediatrix Medical Group,
Inc.
-
Weinstein has become the first motion picture company to agree to insert
anti-smoking public service announcements (PSAs) in DVDs of movies in which
smoking is depicted.
The Weinstein Co. -
The agreement with the U.S. Department of Energy (DOE) will set new
standards to increase the energy efficiency of many types of appliances,
including ovens, dishwashers, water heaters and air conditioners.
U.S. Department of
Energy
-
As part of the settlement, Omnicare will enter a Corporate Integrity
Agreement with the United States Department of Health and Human Services'
Inspector General. The agreement will include provisions that Omnicare may
not switch dosage or strength forms of any medication if the result would be
an increase in cost to third-party payers, including Medicaid.
Omnicare Inc. -
The settlement prohibits these practices in the future, and compels Trilegiant
or any company that solicits Chase customers in a similar manner, to clearly
disclose all terms of any "free trial," including when and how the customer
will be billed for any membership - and how to cancel. The settlement also
forbids Chase and Trilegiant from using other deceptive marketing techniques,
including claims that the solicitations are a "reward" or "rebate."
Trilegiant Corp. Chase Bank
Under the settlement, YP.com must stop using activation checks as the sole
device to obligate businesses to purchase its products and services. Within the
next few weeks, YP.com must also inform current "activation check"
customers of their right to cancel their YP.com agreement and seek at least a
partial refund.
YP Corp. -
Under the terms of the settlement, consumers who sign up for Vonage service
online will see a disclosure of the full 9-1-1 limitations that is separate and
distinct from other contract terms. They will have to check a box indicating
that they have understood and accept the differences between Vonage and
wireline access to 9-1-1 services.
Vonage -
As part of the settlement, Sony BMG also agreed to provide restitution to
consumers whose computers were damaged by its DRM software.
Sony BMG -
As part of the agreement, CTC will release more than $31 million from its
escrow accounts to the states and the District of Columbia.
House of Prince Carolina Tobacco
The agreement requires $15 million of the settlement to go directly to
policyholders who purchased Chubb excess casualty insurance through Marsh
from 2000 through 2004. "This settlement sets a significant and historic
precedent - a complete ban on an insurer paying contingent commissions,"
Blumenthal said.
Chubb -
Requires Bayer to participate in a national clinical trial registry for
experimental and recently approved drugs, so that key scientific information
is available to pharmaceutical industry researchers and the government, and
barred from making false and misleading claims about its products.
Bayer Corp. -
HRDI agreed to dissolve, but it is permitted to reorganize with only health care
executives as members.
Healthcare Research
and Development
Institute
-
The agreement calls for PECC to refund or not collect more than $2.8 million
in rental payments from more than 370 customers in 14 states.
Partners Equity Capital
Co.
-
Samsung has also agreed to injunctive relief that will require the company to
refrain from conduct that could substantially lessen competition. Samsung is
also required to cooperate with the group of states, including Massachusetts,
which is continuing to pursue litigation against the other DRAM
manufacturers.
Samsung -
The U.S. Supreme Court first held that petitioners had standing to challenge
EPA's denial of their rulemaking petition since at least one petitioner state
properly asserted a concrete injury from the potential further loss of its
coastal land, much of which was owned by the state, from rising sea levels
caused by climate change. Further, because greenhouse gases were clearly
within the CAA's broad definition of an air pollutant, the EPA had the statutory
authority to regulate the emission of such gases from new motor vehicles, and
there was no showing of any congressional intent to bar the EPA from
addressing global warming. Also, it was undisputed that global warming
threatened serious harms, and policy considerations were irrelevant to the
EPA's statutory mandate to determine whether the greenhouse gases
contributed to global warming and whether motor vehicle emissions of such
gases actually or potentially endangered public health or welfare.
EPA -
The companies agreed to adopt a code of conduct to guide their relations
with student lenders.
DeVry University Career Education Corp.
Beam Global has committed to adopting the following policies: Make sure
that no more than 25% of the audience for any of its TV, radio or print
advertisements is under 21; Insure that no more than 15% of the annual
average audience for its TV, radio, and print advertising is underage; Will not
introduce or market any flavored malt beverages that the AMA and others
have found to be particularly popular with teenage girls; Will not advertise
within 500 feet of schools, playgrounds, or places of worship; Will not market
on college campuses or in connection with Spring Break events; Adopt
enhanced standards for restrictions on brand name merchandise.
Beam Global -
As part of the settlement, Medicis entered into a Corporate Integrity
Agreement with the United States Department of Health and Human Services
Inspector General. The agreement will include provisions that Medicis will
implement an internal Code of Conduct to ensure that it will market, sell,
promote, research, develop and advertise its products in accordance with all
Federal health care program and FDA requirements.
Medicis Pharmaceutical
Corp.
-
Requires Purdue to market and promote OxyContin in a manner consistent
with its package insert and not in a manner that minimizes the approved uses
for the drug; not market or promote OxyContin for off-label purposes - those
beyond the approved indications and uses of the drug; prohibits Purdue from
marketing OxyContin in a manner that is inconsistent with the FDA approved
package insert for the drug, among other requirements.
Purdue Pharma -
The civil settlements with Purdue will further require the company to enter
into a Corporate Integrity Agreement with the Office of the Inspector General
of the U.S. Department of Health and Human Services in order to monitor the
companys operations and ensure future compliance with all laws and
regulations.
Purdue Pharma Purdue Frederick
The agreement specifies that the presence of smoking will become one of the
factors that decides a motion picture's rating.
Motion Picture
Association of America
National Association of
Theater Owners
Capella is banned from taking anything of value from a loan company in
return for a benefit, such as appearing on a preferred lender list. Preferred
lender lists must disclose criteria used to choose the companies on it, and
students must be told they can choose any company they want regardless of
the list.
Capella University -
Under its terms, the companies are required to sell one store in each of the 23
geographic markets to a Commission approved buyer. Specifically, the order
requires the companies to sell one store in each relevant geographic area to
one of five up-front buyers.
Rite-Aid -
The industrial association failed to show the percentage-deviation approach
was arbitrary or capricious. The EPA found its option provided time for most
areas to comply, but 42 U.S.C.S. 7511d(a)'s backsliding penalties, designed
to constrain ozone pollution, were controls that 42 U.S.C.S. 7502(e) required
to be retained. To conform to Congressional intent, 1-hour contingency plans
had to remain even after transitioning to the new standard.
EPA -
The settlement prohibits Warner Chilcott, for ten years,from entering into any
agreement that would have the effect of limiting the research, evelopment,
manufacture, or sale of a generic alternative to one of its drugs. Furthermore,
Warner Chilcott must provide the states notice of certain agreements it has
entered into with generic manufacturers, and must continue to make its
records available to the states for inspection to determine whether the
company is complying with the terms of the agreement.
Warner Chilcott Corp. -
The settlement with the states goes beyond the FTC settlement and requires
ChoicePoint to improve its credentialing process for clients that obtain Social
Security numbers. Among other requirements in the states's agreement,
ChoicePoint must perform audits, including independent audits, to make sure
that it is properly identifying those individuals or businesses requesting
information.
Choicepoint -
First, will create a mechanism for end users and computer manufacturers to
select a default program to handle desktop search. Second, the default
desktop search program will be launched whenever Windows launches a new
top-level window to provide search results. Third, Microsoft will inform other
desktop search companies, computer manufacturers, and end users that the
desktop search index in Vista is designed to run in the background and cede
precedence over computing resources to any other software product.
Microsoft -
The agreement requires AOL to record and verify calls from customers who
want to cancel their services and also allows them to do it online at
http://cancel.aol.com. It also requires AOL to make refunds to consumers who
complain of unauthorized charges for services.
America Online -
The company will meet new, lower emission limits for sulfur dioxide at its
sulfuric acid production units in Darrow, La.; Richmond, Va.; North Bend, Ohio;
and Wurtland, Ky. At the Burnside plant in Darrow, the largest of the four, Du
Pont will install state-of-the-art "dual absorption" pollution control equipment
by Sept. 1, 2009, at an estimated cost of at least $66 million. At the other
three plants, DuPont has the option of installing appropriate control
equipment or ceasing operations to meet the new lower emission limits.
E.I. du Pont de Nemours
& Co.
-
Hartford must cease paying contingent compensation on the following lines of
business: homeowners, personal automobile, boiler and machinery and
financial guarantee. Additionally, the company promised to improve
disclosures about compensation paid to brokers and agents via a Web site and
toll-free telephone number accessible to clients.
The Hartford Financial
Services Group
-
Under the settlement, Guidant agrees to establish a patient safety advisory
board consisting of independent experts to evaluate data concerning ICD
performance and to establish a patient safety officer position. Also thye must
clearly disclose and disseminate to the public certain specific information on a
quarterly basis about ICDs made by Guidant, along with other changes.
Guidant Corp. -
Settlement required divestitures of routes and depots, provision o
fmaintenance services, no non-compete agreements, notice to the states of
future acquisitions, and no coercion to include certain bid specifications
Laidlaw International FirstGroup
When fully implemented, the settlement will result in a 77 percent reduction
in air emissions from AEP's Eastern power plants, officials said, accounting for
813,000 tons of sulfur dioxide (SO2), nitrogen oxides (NOx) and particulates
annually.
American Electric Power -
Check the identification of any person purchasing tobacco products who
appears to be under the age of 27, and accept only valid government-issued
photo IDs as proof of age; limit tobacco signage; train employees on state and
local laws and company policies regarding tobacco sales to minors.
Kroger Co. -
he insurer is prohibited from engaging in certain bidding and underwriting
practices, and required to provide full disclosure of any amount it pays
brokers as compensation at the request of customers. The company, which
has already adopted many of the business reforms, is also expected to assist
the states as they continue to investigate other brokers and insurers.
ACE Group Holdings -
The company will end all lending-related agreements at a total of 63 schools
nationwide by no later than December 31, 2007. The company will launch a
print advertising campaign at all 63 schools alerting students that they should
carefully shop for student loans, along with other provisions.
Student Financial
Services
-
Agreed to suspend an advertising campaign that jointly promotes Camel
cigarettes and Indie Rock music.
R.J. Reynolds -
The settlement requires Travelers to reform its business practices, including
disclosing to its customers the precise amount of compensation it pays to
insurance brokers. Travelers also is barred from continuing to participate in a
bid-rigging scheme orchestrated by insurance broker Marsh & McLennan.
The Travelers
Companies
-
Under the agreement, MySpace agreed to sever links between personal
accounts and pornography sites, create a private "high school section" for
users younger than 18 and set minors' profiles to "private," meaning only
people approved by the user can view personal information and exchange
messages. MySpace vowed to respond quickly to complaints about sexual and
predatory messages and to educate parents and children about the dangers of
the Internet. MySpace also pledged to lead a task force that will develop
technology to verify the ages and identities of Internet users, and to
continually research security issues. The task force will report to the attorneys
general every three months.
MySpace -
The settlement requires AIG to reform its business practices, including
disclosing to its customers the precise amount of compensation it pays to
insurance brokers.
American International
Group
-
In addition to the monetary recovery, Merck has entered into a Corporate
Services' Inspector General. The Corporate Integrity Agreement will include
provisions that will ensure that Merck will market, sell and promote its
products in accordance with all Federal health care program requirements.
Merck -
The court held that the EPA violated 112's plain text and structure when it
did not comply with the requirements of 112(c)(9) of the Clean Air Act, 42
U.S.C.S. 7412(c)(9), in delisting EGUs. The court held that the EPA could
point to no persuasive evidence suggesting that 112(c)(9)'s plain text was
ambiguous. The court also held that Congress unambiguously limited the
EPA's discretion to remove sources, including EGUs, from the 112(c)(1) list
once they had been added to it. The court further held that the fact that the
EPA had previously removed sources listed under 112(c) without satisfying
the requirements of 112(c)(9) did not excuse the removal.
EPA -
Aventis has entered into a Corporate Integrity Agreement with the Office of
Inspector General for the United States Department of Health and Human
Services to ensure Aventis future compliance with price reporting
requirements.
Inc.
-
The settlement generally prohibits Caremark from soliciting drug switches
when the net cost of the proposed drug exceeds that of the originally
prescribed drug, when the cost to the patient will be greater, when the
original drug has a generic equivalent and the proposed drug does not, when
the original drug's patent is expected to expire within six months or if the
patient was switched from a similar drug within the past two years.
CVS Caremark -
Under the terms of the agreement, the company committed itself to include
in the intitial solictation, as well as subsequent mailings, a clear and
conspicuous dislcosure of all material terms, conditions and obligations of the
offer. Moreover, the company agreed to obtain an affirmative response from
consumers before enrolling them in the plan and before providing any
merchandise, including free samples. The company also must include in its
mailings a toll-free number, a mailing address as well as a website address
that consumers may contact in order to cancel.
HCI Direct Inc. -
Barr must provide the states notice of certain agreements it has entered into
with generic manufacturers, and must continue to make its records available
to the states for inspection to determine whether the company is complying
with the terms of the agreement.
Barr Pharmaceuticals -
The settlement allows current customers who cashed these live checks to
cancel their agreement, and they may be eligible for a partial refund of
monies paid to Directory Billing. The settlement also requires the company to
stop using activation checks as the means of obligating businesses to purchase
its products and services.
Directory Billing, LLC -
Adopts a "Corporate Integrity Agreement," ensuring the company will not
switch dosage forms of medications if that change would result in higher costs
for Medicaid and other prescription programs. The billing practices for CVS
will also be subject to ongoing federal scrutiny.
CVS Caremark -
The consent decree applies only to the Herman Miller for the Home division
and prohibits Herman Miller for the Home from entering into agreements
with its retail distributors relating to the Minimum Advertised Price Program
until Dec. 31, 2010.
Herman Miller, Inc. -
National City will forgive 85 percent of the remaining contract balance
thereafter, as well as any late fees or other penalties. The company will also
forgive 80 percent of the remaining contract balance for customers who
previously settled with the company.
National City
Commercial Capital Co.
-
Facebook agreed to several key changes, including providing safety
messaging where there is a significant risk of an under-18 user revealing
personal information to an unknown adult; restricting the ability of users to
change their listed ages; acting more aggressively to remove inappropriate
content and groups from the site and requiring third party vendors to adhere
to Facebook's safety and privacy guidelines.
Facebook -
The agreement calls for Merck to submit all new TV commercials for its drugs
to the FDA for review and follow through with any changes the agency
recommends before airing them for seven years. Additionally, for a 10-year
period Merck must comply with any FDA recommendations to delay television
advertising for newly approved pain medications. Merck also agreed to end its
practice of so-called "medical ghostwriting."
Merck -
The settlement generally prohibits Express Scripts from soliciting drug
switches under certain conditions, and nform patients and prescribers what
effect a drug switch will have on a patient's co-payment and other
information.
Express Scripts, Inc. -
Walgreens has agreed to the terms of a Corporate Integrity Agreement (CIA)
with the Office of the Inspector General of the U. S. Department of Health and
Human Services. The agreement will include provisions that will ensure that
Walgreens does not switch dosage forms of medications if the result would
increase the costs to third-party payers, including Medicaid, and will subject
the company's billing practices to ongoing federal scrutiny.
Walgreens -
The settlements require the companies to develop improved pollution
prevention plans for each site, increase site inspections and promptly correct
any problems that are detected. The companies must properly train
construction managers and contractors, and are required to have trained staff
at each construction site. They also must implement a management and
internal reporting system to improve oversight of on-the-ground operations
and submit annual reports to EPA.
Centex Homes KB Home
Today's settlement, in the form of a consent judgment, requires JK Harris to
explain to consumers under what circumstances they would qualify to reach a
compromise with the IRS on back taxes. The company will also make several
reforms to its advertising and sales practices. The settlement bars Financial
Recovery System from offering or performing credit-repair services that do
not comply with state and federal laws.
JK Harris
Financial Recovery
System
Agreed to reformulate its popular "Tilt" and "Bud Extra" brands to remove the
stimulants they currently contain.
Anheuser-Busch -
MoneyGram has agreed to: pay $1.1 million for a national consumer
education program on how to avoid fraud-induced transfers, to be overseen
by the AARP Foundation; send prominent anti-fraud messages to its agents
electronically every month or whenever a proposed transfer exceeds a certain
amount, revise and enhance the company's agent anti-fraud training
programs, and provide special training to agents with elevated fraud levels at
their locations; take appropriate action to suspend or terminate agent
locations that are involved in fraud or that do not take reasonable steps to
reduce fraud; block wire transfers from specific consumers or to specific
recipients when the company receives information from a state that there are
good faith grounds to believe that fraud will occur.
MoneyGram Payment
Systems, Inc.
-
Agreed to enter into a Corporate Integrity Agreement with the Office of the
Inspector General of the US Department of Health and Human Services, under
which BMS will be required to report accurately its average sales prices and
average manufacturers prices in the future.
The cable companies agreed to use NCMEC's database of Web sites containing
child pornography to ensure the sites arent hosted on the cable companies
servers. The agreement also provides information to cable providers that will
help them identify instances of child pornography, facilitating the reporting of
the material to NCMEC as required by federal law. This will allow the NCMEC
to refer the cases to law enforcement for investigation and prosecution.
National Cable and
Telecommunications
Association
-
The district court held that the EPA exceeded its authority under the CWA in
exempting these discharges from the permitting requirements. The appellate
court found that the district court had subject matter jurisdiction over the suit
alleging that the EPA acted ultra vires in promulgating 122.3(a). The EPA
acted ultra vires in promulgating 122.3(a) and the EPA's denial of plaintiffs'
petition requesting the repeal of 122.3(a) was not in accordance with law.
Congress expressed a plain intent to require permits in any situation of
pollution from point sources. The EPA failed to support its argument that
Congress acquiesced to the EPA's interpretation of the CWA.
EPA -
The court agreed with NHTSA that the EPCA neither required nor prohibited
the setting of standards at the level at which net benefits are maximized.
However, NHTSA failed to include in its analysis the benefit of carbon
emissions reduction in either quantitative or qualitative form which was
arbitrary and capricious. Although the EPCA did not explicitly require NHTSA
to adopt a backstop (an overall fleet-wide average), it was arbitrary and
capricious to not consider 49 U.S.C.S. 32902(f) factors in deciding whether to
adopt a backstop. It was also arbitrary and capricious not to tighten up the
definition of a light truck.
National Highway Traffic
Safety Administration
-
First Regional agreed to: Maintain and adhere to a formal policy prohibiting
the facilitation of online tobacco sales; Train its employees on the tobacco
policy requirements; Publish its tobacco policy on its public website; Obtain
basic information about its customers and their business operations; Conduct
a background check on potential customers; Adopt procedures to terminate
merchants who violate First Regional's tobacco policy.
First Regional Bank -
Cephalon will also enter into a corporate integrity agreement with the U.S.
Department of Health and Human Services, requiring strict scrutiny of its
future sales and marketing practices.
Cephalon -
In addition to the monetary settlement, Walgreens has agreed to an
amendment of the Corporate Integrity Agreement it had entered with the
Office of the Inspector General of U.S. Department of Health and Human
Services in connection with the June 2008 settlement related to an
investigation of alleged improper drug-switching. The four states participating
in the settlement had enacted regulations that explicitly limit the monetary
amounts that Walgreens could bill to Medicaid in circumstances where the
customer has both Medicaid and private third-party medical insurance.
Walgreens -
This is the first mandatory initiative of its kind, contrasting drastically with the
voluntary "Hope Now" program operated by the federal government. The
agreement will: provide approximately $8 billion in home loan and foreclosure
relief to as many as 397,000 homeowners across the country. Interest rates
on the loan modifications could go as low as 2.5 percent for five years. Pay-
option ARM loans will no longer contain the negative-amortization feature,
and their principal and interest rates will be reduced.
Countrywide Financial -
The company agreed to cease promoting off-label uses and change its
marketing practices. The agreement requires Lilly's medical staff, rather than
marketing staff, to be responsible for developing and approving medical
content of all medical letters and references regarding Zyprexa. Other states
(inc AK) settled earlier.
Eli Lilly -
The agreement includes the following provisions: Retail personnel will receive
training about the health risks associated with childhood tobacco use; Shell
will administer independent compliance checks to monitor sales practices at
certain Shell convenience stores, to ensure they are not selling tobacco to
minors; States will impose sanctions against contract operators that sell
tobacco to minors; Vending machines and self-service displays that sell
tobacco products will be forbidden at Shell-associated convenience stores; In-
store tobacco advertisements will be limited to reduce youth demand for
tobacco products; Shell will require all convenience store operators to notify
the company if tobacco products are sold to minors in violation of the law.
Shell -
The judgment contains injunctive terms addressing all concerns raised during
the investigation regarding both Celebrex and Bextra. In addition, the
judgment requires Pfizer to submit all "direct-to-consumer" (DTC) television
drug advertisements to the Food and Drug Administration (FDA) for approval
and comply with any FDA comment before running the advertisement. Finally,
the judgment generally prohibits Pfizer from deceptive and misleading
advertising and promotion of any Pfizer drug, requires Pfizer to register all
clinical trials, post clinical trial results, and ensure that subjects in Pfizer
sponsored clinical trials give adequate informed consent.
Pfizer -
Under the multistate agreement, ERCA must clearly disclose how students or
parents of students under 18 can opt out of completing the data collection
survey. ERCA is also prohibited from offering anything of monetary value to
educators relating to the collection of personal information from students.
Prohibiting such practices is especially important, the states said, because
information gathered by ERCA from students is sometimes sold for
commercial marketing purposes.
Educational Research
Center of America
-
Craigslist will sue 14 Internet and software companies that allegedly help
users get around the site's defenses for posting erotic service ads. Information
about those companies will be given to law enforcement. Craigslist must also
work with the National Center for Missing and Exploited Children and explore
technology that would block inappropriate images and word sequences from
being posted. Craigslist will add tags to the erotic services section of its site
that helps parental screening software and meet with the attorneys general to
discuss additional measures.
Craigslist -
The company has agreed to forgive 82 to 84 percent of the unpaid lease
payments due as of July 15, 2004 under the NorVergence contracts, not
including sales or property taxes.
IFC Credit Corporation -
The parties will divest 11 landfills, 8 waste transfer stations and numerous
routes within the plaintiff states. Under the proposed settlement, Republic
would have to notify the Department and the relevant state before acquiring
any waste collection and/or disposal operations in these areas for the next 10
years, the duration of the settlement.
Republic Services, Inc. Allied Waste Industries
The College Board has also agreed to create two student loan calculator tools
and provide assistance to consumers in the use of these tools. The
Connecticut and New York attorneys general will have input into all
substantive components of these resources. Additionally, the College Board
has agreed that if it re-enters the student loan market, it will adhere to the
Attorney Generals Direct-to-Consumer Marketing Code of Conduct.
The College Board -
Under the settlement, the Defendants have agreed not to make any express
or implied claim concerning the health benefit, performance, efficacy or
safety of their dietary supplement products unless at the time the claim is
made competent and reliable scientific evidence exists to substantiate each
claim. Specifically, the Defendants are prohibited from saying "take at the first
sign of a cold symptom," and other claims that imply that Airborne can
prevent, treat, or cure colds, coughs, the flu, an upper respiratory infection, or
allergies. By law, advertisements for dietary supplements like Airborne,
cannot make such drug claims even if they can provide substantiation, unless
and until they have been approved as a drug by the FDA.
Airborne Health, Inc. -
As part of the agreement, Mattel also agreed to lower the acceptable level of
lead in toys shipped to the States to 90 parts per million, down from 600 parts
per million, which is currently the federal standard.
Mattel -
The company agreed to remove caffeine, taurine, guarana and ginseng from
Sparks and not produce caffeinated alcohol beverages in the future.
MillerCoors -
The company agreed to revised court orders extending its reporting
obligations and establishing monetary penalties for any future violations of
the Buspar or Taxol court orders.
Under the terms of the states' agreement, Marsh must disclose to its clients
all compensation received from insurance companies in connection with the
placement of an insurance policy, obtain the client's written consent to the
compensation, and disclose at the end of each year annual totals of
compensation received in connection with a client's policy.
Marsh & McLennan
Companies, Inc
-
Under today's agreement, Santa Fe has agreed to the following, among other
terms: Cease distributing the Natural American Spirit brand name
merchandise that was at the center of the underlying investigation; Refrain
from conducting any marketing, distribution, offering, selling or licensing of
any merchandise which bears a brand name to the general public or underage
employees of Santa Fe; and Pay stipulated penalties for each and every future
violation of the agreement.
Santa Fe Natural
Tobacco Co.
-
Under the agreement with the states, Arbitron is required to ''substantially
improve'' the methodology for the people meters. It must also: Cure key flaws
and substantially improve the PPM methodology in New York by, for example,
increasing the recruitment of individuals who only use cell-phones (a
disproportionate percentage who are racial minorities) and ensuring that a
higher proportion of panelists across racial demographics successfully operate
the PPM; Fund a study, overseen by the Attorney General, to determine and
cure measurable bias the PPM methodology may have on racial minorities;
Fund an advertising campaign of at least $25,000 dedicated to promoting
minority radio; and Obtain accreditation from the Media Rating Council.
Arbitron -
Dell is also required to implement written policies to ensure compliance with
the settlement, including Informing consumers of their right to cancel orders
made with the Dell Credit Account within three days after receiving final
credit approval and the written terms and conditions; Communication
between Dell and Dell Financial Services when a consumer returns a product
purchased with credit; removing consumer accounts from collection agencies
and providing accurate information to credit reporting bureaus.
Dell -
A Corporate Integrity Agreement (CIA) between Eli Lilly and the Office of
Inspector General of the Department of Health and Human Services. The five-
year CIA requires, among other things, that a Board of Directors committee
annually review the companys compliance program and certify its
effectiveness; that certain managers annually certify that their departments
or functional areas are compliant; that Eli Lilly send doctors a letter notifying
them about the global settlement; and that the company post on its website
information about payments to doctors, such as honoraria, travel or lodging.
Eli Lilly is subject to exclusion from Federal health care programs, including
Medicare and Medicaid, for a material breach of the CIA and subject to
monetary penalties for less significant breaches.
Eli Lilly -
This settlement requires EPA to propose new standards for mercury and other
hazardous air pollutant emissions from cement plants by March 31, 2009 and
to adopt final standards by March 31, 2010 after taking public comment. As
required by the Clean Air Act, the Agency must require the maximum available
pollution control technology in setting these standards.
EPA -
It was the first time the FDA has cooperated with states in a drug-marketing
case. Requires conducting a national $20 million corrective ad campaign for
misleading consumers about the uses of its oral contraceptive Yaz in violation
of a 2007 multi-state settlement. The pharmaceutical company also must
submit future television ads promoting Yaz to federal regulators for pre-
approval.
Bayer Corp. -
JBS Beef ended its efforts to acquire National Beef Packing Co. as a result of
the governments' suit.
JBS Beef
National Beef Packing
Co.
The three refineries are required to install advanced control technologies that,
when fully implemented, will reduce annual emissions of sulfur dioxide by
approximately 3,775 tons, nitrogen oxide by approximately 2,100 tons and
other pollutants by approximately 1,200 tons.
Frontier Refining -
The states took the winning position in this case. The court held that EPA
failed to explain (1) its reason for not accepting the Clean Air Scientific
Advisory Committee's recommendations that short-term air quality studies
were relevant in setting new national standards; (2) why its daily standard
shielded the public from risks associated with short-term exposure; and (3)
how sub-populations of children and vulnerable adults were protected.
EPA -
Under the settlement reached with the Attorneys General, the companies
have agreed to no longer claim that drinking Enviga will result in weight loss,
to include disclosures in their marketing and labeling of Enviga and any
similarly formulated product that they claim has "negative calories," and to
indicate that weight loss requires diet and exercise.
Coca-Cola Nestle
The states took the losing position in this case. The Court decided that federal
environmental regulators may let more than 500 electric power plants use
less-costly devices to take water for cooling out of the nations waterway,
even if that does less than could be done to protect fish and tiny forms of
acquatic life.
EPA -
The court found that staying the actions would have best served the interests
of the courts by promoting judicial efficiency and minimizing the possibility of
conflicts between different courts.
EPA -
In the place of "erotic services," Craigslist has created an "adult services"
category for which new listings would be reviewed individually. Posts to the
new section will cost $10, which is twice as much as the fee was for erotic
services listings. Nude or graphic photos will also be banned from the adult
services section.
Craigslist -
Under the settlement, a consent judgment will be entered against CSI
enjoining it from engaging in specific deceptive fundraising practices. In
addition, CSI will have to regularly report information to the states and be
more responsible for its employees' training and conduct and representations
made to consumers. Violations of the settlement may result in penalties of
$10,000 per violation.
Community Support Inc. -
Under the agreement, sanofi-aventis is required to report certain best price
information for drugs covered by Medicaid and other health care programs.
The company was already under a corporate integrity agreement requiring it
to report other pricing information to the government as a result of a prior
drug pricing settlement concerning the company's drug Anzemet. Aventis will
also pay over $6 million to certain public health services entities who paid
inflated prices for the drugs at issue.
Inc.
-
Agreed to possess competent and reliable scientific evidence substantiating
any fuel efficiency claim regarding its tires and to make other business
practice improvements.
Michelin -
In addition to the monetary relief, this agreement requires TJX to implement
and maintain a substantial data security program to ensure that this kind of
data breach does not happen again. A $2.5 million national fund will be
created to investigate future data security breaches.
TJX Companies, Inc. -
EPA's promulgation of "nonattainment area" designations for annual national
ambient air quality standards applicable to fine particulate matter upheld.
EPA -
The rule's cap-and-trade program (CATP) was inconsistent with the CAA,
which called for area specific statutory mandates. Regionwide RACT-level
reductions did not meet the requirement that reductions be from sources in
the nonattainment area. A New Source Review (NSR) "offset" credit for past
emission reductions was arbitrary and capricious because it violated 42
U.S.C.S. 7503(a)(1)(A)'s mandate that total reductions represent reasonable
further progress. And, eliminating an 18-month limit for applying certain
exemptions to nonattainment areas violated 42 U.S.C.S. 7502(e)'s
unequivocal backsliding constraint, which prohibited "less stringent" NSR
controls.
EPA -
Obtain pre-approval from FDA for all direct-to-consumer television
advertisements; Comply with FDA suggestions to modify drug advertising;
Register clinical trials and post their results; Prohibit ghost writing of articles;
Reduce conflicts of interest for Data Safety Monitoring Boards that ensure the
safety of participants in clinical trials; and Comply with detailed rules
prohibiting the deceptive use of clinical trials.
Merck Schering-Plough
In addition to restitution, the company has agreed to give adequate and
accurate disclosures to customers in sales calls, advertising, and contracts.
DISH Network -
The consent decree requires Aleris to better enclose its furnaces to improve
the capture of emissions, retest every furnace using model test protocols,
adopt model recordkeeping and reporting documents, and install pollution
control or monitoring equipment at particular facilities.
Aleris International -
Quest entered into a Corporate Integrity Agreement, requiring it to retain an
expert to review how compliance concerns are communicated to senior
management and the Quest Board of Directors, and to retain an independent
review organization to examine Quests in vitro diagnostic products
subsidiaries adherence to FDA Quality System Regulation and labeling
requirements.
Quest Diagnostics -
The appeals court affirmed the district court's reinstatment of a Clinton
administration rule that set aside 58.5 million acres of untouched Forest
Service lands from roadbuilding and other development.
U.S. Department of
Agriculture
-
As a condition of the settlement, Pfizer will enter into a Corporate Integrity
Agreement with the United States Department of Health and Human Services,
Office of the Inspector General, which will closely monitor the companys
future marketing and sales practices.
Pfizer -
The court granted EPA's unopposed motion for voluntary remand. EPA -
The company agreed to stop promoting Geodon for any off-label use; from
using grants or Continuing Medical Education (CME) to market Geodon; from
making false or misleading characterizations of scientific data in promotional
materials; and from rewarding sales staff based on volume of off-label
prescribing.
Pfizer -
Mylan Pharmaceuticals AstraZeneca
The company also agreed to: forgive an additional 2.5 percent of the student
loan if the adjusted loan is repaid within five years; refrain from providing
negative information to credit reporting agencies with respect to any loan
restructured; and forgive interest between the dates Silver State Helicopters
filed for bankruptcy and approximately the end of 2009.
Student Loan Xpress -
As part of the settlement, Omnicare and IVAX have agreed to enter into
separate corporate integrity agreements with the Office of Inspector General
of the Department of Health and Human Services. Those agreements provide
for procedures and reviews to be put in place to avoid and promptly detect
conduct similar to that which gave rise to these matters.
Omnicare Inc. IVAX Pharmaceuticals
The company agreed to provide refunds to affected customers and
significantly alter its marketing and customer cancellation practices.
Vonage -
Stericycle and MedServe must divest all of MedServe's assets primarily used in
the provision of infectious waste collection and treatment services to large
customers in Kansas, Missouri, Nebraska and Oklahoma to a viable purchaser
approved by DOJ after consultation with the states.
Stericycle, Inc. Medserve
Akzo Nobel
Bioproducts
Incorporated
In total, the settlement will address environmental cleanup and restoration at
more than 80 sites around the country. Much of the money paid to the United
States will be placed in special accounts in the Superfund to be used by EPA to
pay for future cleanup work. It will also be placed into accounts at the
Department of Interior and the Department of Agriculture to pay for natural
resource restoration.
Asarco -
Duke will spend $6.25 million on environmental projects and commits itself to
spending about $80 million to switch to natural gas as fuel in two of the
plant's units and installing the latest pollution control technology in two other
units. The settlement is anticipated to reduce sulfur dioxide emissions at the
Gallagher plant by almost 35,000 tons per year, an 86 percent reduction when
compared to 2008 emissions.
Duke Energy -
Under the settlement, certain state and local governmental purchasers,
including public hospitals and health departments, will be reimbursed for
overcharges paid for TriCor. Florida entities will receive over $1.5 million in
damages. Abbott and Fournier have also agreed not to delete the drug codes
for the latest version of TriCor in the event a generic manufacturer seeks FDA
approval of a generic version of Tricor, until after a specified time has lapsed.
The settlement will also reimburse the participating Attorneys General for
fees and costs.
Abbott Laboratories
Laboratoires Fournier
S.A.
As part of the settlement, FORBA has agreed to enter into an expansive five-
year Corporate Integrity Agreement with the Office of Inspector General of
the Department of Health and Human Services. The agreement provides for
procedures and reviews to be put in place to avoid and promptly detect
conduct similar to that which gave rise to this matter. Specifically, FORBA
must engage external reviewers to monitor its quality of care and
reimbursement. In addition, the Chief Dental Officer must develop and
implement policies and procedures to ensure that the Small Smiles clinics
provide services consistent with professionally recognized standards of care.
FORBA Holdings -
The settlement commits the Ravena facility to either constructing a new
facility - as the company has proposed - or to retrofitting the existing facility
with aggressive air pollution reduction technology. In either case, Ravenas air
pollution emissions will be cut by roughly 2,000 tons of nitrogen oxide and
10,000 tons of sulfur dioxide each year - equivalent to reductions of more
than 30% and 80%, respectively.
Lafarge North America -
Vonage formerly paid incentives to customer service representatives for
retaining or "saving" customers in lieu of cancellation, when consumers called
to cancel. As a result, consumers said cancellation was extremely difficult and
sometimes impossible. The multi-state settlement with Vonage strictly limits
these practices and requires recording and verification of these retention
telephone calls. The settlement also compels Vonage to revise its disclosures
regarding the offer of "free" services, money back guarantees and trial
periods. It requires restitution to eligible consumers who previously filed
complaints as far back as January 2004, or who file complaints with the
Attorney General through the end of February, 2010, which have not been
fully resolved.
Vonage -
Saint-Gobain is also required by the settlement to reduce emissions of sulfur
dioxide by approximately 59 percent from its fleet of furnaces. Emissions of
oxides of nitrogen must be cut by approximately 41 percent and particulate
matter emissions will be reduced by 28 percent. The reductions will be made
possible by the installation of emissions controls that the company had
previously failed to install.
Saint-Gobain Containers -
The settlement requires the merging parties to license its ticketing software to
Anschutz Entertainment Group (AEG). AEG is the nations second largest
promoter and the operator of some of the largest concert venues in the
country. The merging parties are further required to divest Ticketmasters
entire Paciolan business, which provides a venue-managed platform for selling
tickets through the venues own web site. Paciolan is to be divested to
Comcast/Spectacor, a sports and entertainment company with a management
relationship with a number of concert venues. Comcast also has ticketing
experience through its New Era ticketing company.The settlement also
prohibits the merging parties from retaliating against venue owners who
contract with the merging parties competitors.
Ticketmaster Live Nation, Inc.
Under the agreement, Western Union will contribute $50 million to The State
Center to bankroll the Southwest Border Anti-Money Laundering Alliance and
pay $21 million to the states to cover investigation and litigation costs.
Western Union also will commit $19 million over the next several years to
strengthen its own anti-money laundering efforts and provide $4 million to
support an independent monitoring program.
Western Union Financial
Services
-
The settlement resulting from the lawsuit bans Your Money Access CEO
Tarzenea Dixon from payment processing and aiding fraudulent
telemarketers.
Tarzenea Dixon -
Under the terms of the agreement, the company must clearly and
prominently feature warnings that feature the following: For Natural
American Spirit organic cigarettes: "Organic tobacco does NOT mean safer
cigarettes." For Natural American Spirit organic roll-your-own or pouch
tobacco: "Organic tobacco does NOT mean safer tobacco."
American Spirit
Cigarettes
-
LifeLock and its co-founders, Davis and Robert Maynard Jr., are barred from
making deceptive claims, misleading customers about LifeLock services and
procedures, about the risks of identity theft, and degree of protection LifeLock
provides. As part of the settlement, the company is required to set up a
comprehensive data security program. The program must be reviewed by a
third party every other year for the next 20 years.
LifeLock -
ES&S will sell Premiers intellectual property for all past, present and in-
development voting equipment systems to another competitor. The buyer will
have the ability to compete for contracts to install new voting systems using
the Premier product. ES&S is prohibited for 10 years from competing for new
installations using a Premier product. The buyer will also receive copies of all
existing Premier service contracts so that it can compete for contracts that are
up for renewals.
Election Systems &
Software
-
Sprint has agreed to report all future unclaimed rebates annually to the states. Sprint
Young America
Foundation
Alpharma Inc. -
This settlement will reduce NOx emissions by 813 tons per year (tpy) and SO2
emissions by 645 tpy, once all emissions controls and emissions-reduction
practices have been installed and implemented. The settlement will also
result in additional reductions of VOCs, benzene and other pollutants.
Shell Chemical -
Under the settlement, Valero has agreed to: Provide comprehensive training
to convenience store retail personnel regarding laws prohibiting tobacco sales
to minors; Arrange random, independent compliance checks to monitor sales
practices at Valero owned convenience stores; Maintain a policy against
increasing youth demand for tobacco through in-store advertising, and limit
such advertising to brand names, logos, other trademarks, and pricing;
Consider terminating or refusing to renew agreements with franchisees who
do not comply with youth access laws; Require timely notification to Valero if
a store receives notice of a violation of federal, state or local youth access
laws.
Valero -
The settlement requires Hovnanian to develop improved pollution prevention
plans for each construction site, conduct additional site inspections and
promptly correct any problems detected. The company must properly train
construction managers and contractors, and will be required to designate
trained staff for each site. Hovnanian must also implement a management
and internal reporting system to improve oversight of on-the-ground
operations and submit annual reports to EPA.
Hovnanian Enterprises -
Under the settlement, AstraZeneca will enter into a five-year Corporate
Integrity Agreement with the U.S. Department of Health and Human Services
Office of the Inspector General, which will monitor the company's marketing
and sales practices.
AstraZeneca -
As part of the settlement, Ortho-McNeil-Janssen has entered into a Corporate
Services, Office of the Inspector General, which will closely monitor the
company's future marketing and sales practices.
Ortho-McNeil-Jannsen -
Schwarz Pharma -
The settlement also requires that Novartis enter into a Corporate Integrity
Agreement with the Office of the Inspector General of the U.S. Department of
Health and Human Services (HHS-OIG), which will closely monitor Novartis
practices going forward.
Novartis -
To resolve the case, AMC agreed to divest eight theaters--four in Illinois, two
in Colorado and two in Indiana.
AMC Entertainment
Holdings
Kerasotes Showplace
Theatres
According to the settlement, each company is required to refrain from illegal
price-fixing and must conduct extensive employee compliance training. The
companies will revolve both lawsuits by agreeing to the $173 million figure, as
well as lawsuits brought by private plaintiffs.
Micron Technologies NEC Electronics America
As a result of this agreement, McWane has completely re-engineered its
environmental management systems to ensure that it remains in compliance,
and has committed over $9 million to environmental projects that will remove
significant amounts of pollutants from the environment and benefit the
surrounding communities.
McWane, Inc. -
Teva Pharmaceuticals -
This is an agreement with Internet message board host Topix.com to improve
consumer protections and eliminate the $19.99 fee to expedite review of
abusive or inappropriate posts. As part of the settlement, all reports of abuse
on the Palo Alto, California-based Web site will be reviewed free of charge.
Topix also has removed the "flagging" option for reporting abusive posts.
Pursuant to the settlement, Topix has agreed to: Cooperate with law
enforcement agencies in combating unlawful activity on its Web site; Consult
on an as-needed basis with the attorneys general to discuss issues of concern,
including responsiveness to abuse reports and other consumer complaints;
and, Continue to explore new technology and processes for preventing misuse
of its site.
Topix.com -
InterMune -
The company also agreed to enter into a corporate integrity agreement with
the U.S. Department of Health and Human Services, Office of Inspector
General, that requires strict scrutiny of all future marketing practices. Also,
the company agreed to drop a lawsuit against the FDA in which the company
pressed for greater leeway to discuss off-label uses with doctors.
Allergan -
Craigslist agreed to censor its adult services section. Craigslist -
Under the settlement order, Janey is banned from participating in processing
payments debited from consumers' bank accounts, and permanently
prohibited from knowingly aiding anyone who is violating the Telemarketing
Sales Rule.
Derrelle Janey -
Publishers Clearing House has agreed to: Change the language the company
uses in its mailings that insinuated that the more consumers spend with
Publishers Clearing House the more likely they are to win prizes; Not use some
specific tactics, such as telling a recipient that his or her entry code has a "key
code" for the winning entry; Cease using the tactic of sending a
communication from the "Board of Judges" to indicate that the recipient is
close to winning; and, Hire an ombudsman to review the company's
solicitations on a quarterly basis.
Publishers Clearing
House
-
Forest was also required to execute a Corporate Integrity Agreement with the
United States Department for Health and Human Services to insure that these
illegal marketing activities do not occur again. One of the terms of the
Corporate Integrity Agreement requires Forest to send doctors a letter
notifying them about the settlement.
Forest Laboratories -
Omnicare agreed to establish strict limitations on its management of
therapeutic drug interchange programs, which substitute less expensive
therapeutically equivalent drugs for the drugs originally prescribed for the
patient. The settlement also banned Omnicare's nursing home pharmacy
consultants from promoting drugs on behalf of drug companies.
Omnicare -
Murphy Oil USA -
Novartis -
According to a DOJ news release, the proposed settlement requires
MasterCard and Visa to allow their merchants to: Offer consumers an
immediate discount or rebate or a free or discounted product or service for
using a particular credit card network, low-cost card within that network or
other form of payment; Express a preference for the use of a particular credit
card network, low-cost card within that network or other form of payment;
Promote a particular credit card network, low-cost card within that network
or other form of payment through posted information or other
communications to consumers; and Communicate to consumers the cost
incurred by the merchant when a consumer uses a particular credit card
network, type of card within that network, or other form of payment.
Visa Mastercard
In addition to paying damages and fees to the eight participating states, Wells
Fargo has agreed to provide loan modifications to borrowers that are 60 days
or more delinquent or in danger of imminent default prior to June 30, 2013.
Wells Fargo will be handling the modifications directly for Pick-a-Pay
borrowers that are behind on their mortgages. Wells Fargo has agreed to
spend an estimated $772 million modifying mortgages for borrowers in eight
states.
Wells Fargo Wachovia
The agreement calls for Old GM to pay nearly $641.4 million and contribute
additional non-cash assets, estimated at around $120 million, for the cleanup
and administration of 89 properties and sites. Of those, 59 are known to have
been contaminated with hazardous substances or waste. The agreement
further calls for an environmental response bankruptcy trust to be established
to take ownership and possession of the 89 properties and the funding
provided to clean the properties up, administer them and return them to
beneficial use.
General Motors -
GSK will also enter into a Corporate Integrity Agreement with the United
States Department of Health and Human Services, Office of the Inspector
General, which will require greater scrutiny of GSK's future manufacturing
practices.
GlaxoSmithKline -
Under terms of the agreement, unless Bayer can back up its claims with
competent and reliable scientific evidence, it may not market its One a Day
Men's products as preventing prostate cancer or any other disease. The
settlement further ensures that Bayer not make representations that its
multivitamins are effective in the diagnosis, cure, mitigation, treatment or
prevention of any disease unless the claim comports with applicable federal
law and regulations, is non-misleading and Bayer possesses and relies upon
competent and reliable scientific evidence in making the claim. If Bayer does
make any such claim and has the proof to back it up, it must also continue to
monitor the claim to ensure that it remains accurate and make changes to its
promotion and packaging within a reasonable time if necessary.
Bayer Corp. -
The agreement prohibits the defendants from misrepresenting that their
services are performed by a nonprofit agency, the purpose of required fees
and the impact that entering into a debt management plan may have on a
consumer's credit history. Prior to enrolling a consumer in a debt
management plan, the defendants must ensure the consumer can afford the
plan and arrange credit counseling.
AscendOne -
The Atkinson brothers agreed to surrender at least 90% of their assets.
Additionally, the Atkinsons are permanently prohibited from telemarketing in
Pennsylvania, or any of the other states involved in the settlement, and they
may not be involved in the mass marketing or sale of vehicle service
contracts.
U.S. Fidelis -
Ameritox also agreed to execute a corporate integrity agreement with the
federal government, which will require scrutiny of Ameritoxs future practices.
Ameritox -
The money will be used to reimburse the state for past and future cleanups of
the site, which contains high levels of mercury, lead and other heavy metals.
Tronox, Inc. -
The settlement requires Beazer to develop improved pollution prevention
plans for each construction site, conduct additional site inspections, and
promptly correct any problems detected. The company must properly train
construction managers and contractors and designate trained staff for each
site. Beazer must also implement a management and internal reporting
system to improve oversight of on-the-ground operations and submit annual
reports to EPA.
Beazer Homes USA -
The multistate settlement is part of a $137 million settlement Bank of
America entered into simultaneously with the federal agencies.Under the
agreement, Bank of America must provide the Attorneys General with written
standards of conduct with respect to antitrust and unfair trade practices and
provide a copy to employees. Bank of America has represented that it has
terminated its illegal conduct, and must also cooperate with the ongoing
investigation of the Attorneys General into municipal bond derivatives.
Bank of America -
DOJ agreed to enter into a deferred prosecution agreement with Kos based in
part on the company's undertaking of a thorough internal investigation of
misconduct; its reporting of information from the investigation to the
department on a regular basis; its continued and ongoing cooperation with
the department's investigation of the matter; and in recognition of the
remedial measures undertaken by the company.
Kos Pharmaceuticals -
Under the settlement, DIRECTV must: Clearly disclose all material terms to
consumers; Replace leased equipment that is defective free of charge except
for shipping costs; Stop the practice of requiring consumers to enter into an
additional contract when DIRECTV simply replaced defective equipment;
Clearly disclose when a consumer is entering into a contract; Clearly notify
consumers before they are obligated to pay for a seasonal sports package;
Clearly disclose all limitations on the availability of local channels; Stop the
practice of misrepresenting the availability of sports programming; Stop
promising cash back when consumers actually get a bill credit; and Clearly
notify consumers that they will be charged a cancellation or equipment fee at
least 10 days before charging the fee.
DirecTV -
As a condition of its civil settlement, Elan will enter into a Corporate Integrity
Office of the Inspector General, to insure that the company does not engage
in illegal marketing and sales practices in the future.
Elan Corporation -
The settlement terms limit the claims that Dannon can make regarding the
covered products; specifically, Dannon may not represent that these Dannon
products can prevent, treat, cure or mitigate disease. Additionally, Dannon
must possess competent and reliable scientific evidence to support otherwise
permissible claims about the health benefits, performance, efficacy or safety
of its probiotic food products.
Dannon -
Eisai, Inc. -
Under terms of the agreement, the EPA is now required to propose limits for
new pollution sources and emission guidelines for existing sources by July 26,
2011. Final pollution rules and emission guidelines must be adopted by May
26, 2012. The EPA must also propose rules for new pollution sources and
emission guidelines for existing sources under the petroleum refineries
agreement. That must be done by Dec. 10. By Nov. 10, 2012, the EPA must
also adopt final pollution limits and emission guidelines.
EPA -
Under the petroleum refineries settlement, the EPA must propose standards
for new sources and emission guidelines for existing sources by December 10,
2011 and enact the new guidelines by November 10, 2012.
EPA -
Facebook specifically agreed to modify the provisions of its terms and
conditions to: Strike the indemnity clause except to the extent indemnity is
allowed by a state's constitution or law; Strike language requiring legal
disputes be handled in California courts and adjudicated under California law;
Require a public agency include language directing consumers to its official
website prominently on any Facebook page; and Encourage amicable
resolution between public entities and Facebook over any disputes.
Facebook -
The settlement prohibits Comcast/NBC Universal from withholding its content
from competitors, including other cable companies and Internet providers,
who control the "pipes" to consumers. It prevents Comcast/NBC Universal
from unfairly raising the price for its content to other cable companies or
Internet providers, which could have the subsequent result of these
companies raising pay television prices for their viewers. It also prevents
Comcast/NBC Universal from restricting or degrading access of its content to
other cable companies or Internet Providers. Comcast must relinquish all
control over Hulu.com, and it must continue to supply NBC content to the
website.
Comcast NBC Universal
Under the settlement, Arch Coal will implement changes to its mining
operations in Virginia, West Virginia and Kentucky to ensure compliance with
the Clean Water Act.
Arch Coal -
The states determined that prosecution of the lawsuit was no longer
necessary because the Obama administration issued a new rule that rescinded
objectionable parts of a regulation that had been issued in 2008 in the final
weeks of the Bush administration.
HHS -
AstraZeneca must publish any gifts or payments to physicians on a public
website. The company also agreed to make sure that payment incentives to
sales representatives do not encourage off-label promotion.
AstraZeneca -
The states' settlement prohibits the defendants from these false advertising
claims and bars AIM from selling auto advertising promotions that include
credit terms that do not disclose term limits.
Action Integrated
Marketing Inc.
-
Dean must divest a milk-processing plant in Waukesha, Wis., and related
assets, including the Golden Guernsey brand name.
Dean Foods Co. -
Overall, the agreement will result in immediate actions for additional emission
reductions at TVA's 11-coal-fired power plants and the retirement of 18 older
units at some of these plants. TVA commits to continue to reduce emissions at
its 59 coal-fired power generating units by installing new or improved
equipment. The 18 units to be retired include six units at the Widows Creek
Fossil Plant in Jackson County, Alabama, as well as others in middle and
eastern Tennessee. Additional controls to be placed upon units that remain in
operation are expected to cost the TVA from $3 to $6 billion.
Tennessee Valley
Authority
-
As part of the settlement, an existing Corporate Integrity Agreement will be
amended to require CVS to implement correct billing procedures and train
employees. An independent review organization will regularly audit payments
and issue reports on CVS compliance.
CVS Pharmacy -
As part of the settlement, Terra will also spend an estimated $17 million to
install and implement new controls and technologies that are expected to
reduce harmful nitrogen oxide emissions at its facilities by at least 1,200 tons
per year.
Terra Industries -
Union Bank of
Switzerland (UBS)
-
EMD Serono, Inc -
Under the settlement, the trustee agreed to: - Rescind all negative
information submitted to any credit agency or bureau related to the accounts
of customers in participating states; additionally, no further credit reports will
be submitted. - Not collect any fees or interest charges that were added to
the principal debt amount. Not bill customers for both a late fee and the full
price of items that were supposedly not returned. For accounts that include
both a late fee and a charge for a damaged, late, or never-returned product,
the collection agency will only pursue the lesser charge. - Comply with the Fair
Debt Collection Practices Act. - Assist the attorneys general in any effort to
recover collection fees that were improperly paid by customers.
Hollywood Video Movie Gallery
The Assurance of Voluntary Compliance with Circle K includes the following
terms (among others) relative to tobacco sales and marketing: Identification
must be checked on all persons who appear to be under 30 to protect against
mistakes by clerks in evaluating a person's age by appearance alone. In-store
advertising of tobacco must be limited in ways intended to reduce the effect
on young people, and outdoor advertising is to be eliminated at stores within
500 feet of playgrounds or schools. Employee training will focus on the
mechanics of eliminating underage tobacco sales, and will also emphasize the
serious health issues that give rise to the legal efforts to restrict youth access
to tobacco. Circle K will test itself on the effectiveness of its own safeguards
against underage sales by conducting "mystery shopper" compliance checks at
500 of its stores every six months.
Circle K Stores, Inc
Mac's Convenience
Stores
John Hancock -
The settlement mandates the performance of specific requirements, such as
proper lagoon closures, groundwater monitoring, and the construction and
maintenance of buffer strips along area waterways within the facility
boundaries. It also requires on-going land restoration and management
measures, such as restrictions on the land application of manure and on
livestock grazing.
Mahard Egg Farm -
The UCB settlement involved both criminal and civil components. Under the
agreement, UCB pled guilty in federal court to one misdemeanor count of
"misbranding" violation of the federal Food, Drug and Cosmetic Act. As part of
the criminal plea, UCB agreed to pay a fine and costs totaling $8,631,152. In
addition, to resolve civil allegations, UCB agreed to pay the United States and
participating state Medicaid programs $25,764,530, plus interest.
UCB -
As part of the settlement, Mariner has entered into a corporate integrity
agreement with the Office of Inspector General of the Department of Health
and Human Services. This agreement requires Mariner to implement
procedures and reviews to avoid this type of conduct and to closely monitor
Mariner's practices going forward.
Mariner Health Care, Inc Sava Senior Care
An equally divided Court affirmed the Second Circuit's exercise of jurisdiction;
four members of the Court would hold that at least some plaintiffs have
standing to bring the lawsuit. The Clean Air Act and the Environmental
Protection Agency's implementation of the Act displace any federal common-
law right to seek abatement of carbon dioxide emissions from fossil-fuel fired
power plants.
As a result of the settlement, Old GM agreed to a claim of $2,845,000 to
resolve the claims of 12 states. The money will be paid to End-of-Life-Vehicle
Solutions, Inc. (ELVS), a not-for-profit corporation that operates the National
Vehicle Mercury Switch Recovery Program, a voluntary, national program
established in 2006 by the United States EPA, automobile manufacturers, and
related industries. In a separate agreement, the company now known as
General Motors Company (New GM), committed to making an additional
contribution of $4.5 million to the recovery program to cover Old GMs share
of the national program costs through 2017.
General Motors -
As a result of the settlement, GSK and SB Pharmco are enjoined from making
false, misleading or deceptive claims regarding the manufacturing of all drugs
formerly manufactured at the Cidra facility, regardless of where these drugs
are now produced. In addition, the companies must not misrepresent those
drugs' characteristics, or cause likelihood of confusion or of misunderstanding
about the way in which they are manufactured.
GlaxoSmithKline
SB Pharmco Puerto
Rico, Inc
Also as part of the settlement, Novo Nordisk has agreed to enter into an
expansive corporate integrity agreement with the Office of Inspector General
of the Department of Health and Human Services. That agreement provides
for procedures and reviews to be put in place to avoid and promptly detect
conduct similar to that which gave rise to this matter.
Novo Nordisk -
Nearly a quarter of the money will go toward settling civil fraud charges
brought by the SEC. A large portion will be divided among states, in part to
pay restitution to victims of the fraud.
JP Morgan Chase & Co -
As part of the settlement Kanefsky will pay $250,000 in restitution to affected
state agencies and municipalities.
Kane Capital Strategies,
Inc
-
Par Pharmaceuticals, Inc -
Grant Writers Institute,
LLC
-
Also included in the settlement is a corporate integrity agreement with HHS-
OIG, which requires additional reforms and monitoring under HHS-OIG
supervision. In addition, the company must also retain and pay an
independent monitor, who will review Maxim's business operations and
regularly report concerning the company's compliance with all federal and
state health care laws, regulations, and programs.
Maxim Healthcare
Services
-
Watson Pharmaceuticals -
Ryland will also invest in compliance programs to improve employee training
and increase management oversight at all current and future construction
sites. The company is required to inspect its current and future construction
sites routinely to minimize stormwater runoff from sites.
Ryland Group -
Pfizer -
The company also signed a corporate integrity agreement that pledges to
closely oversee drug promotion efforts and report them to the government.
As part of the settlement, Merck also will plead guilty to marketing Vioxx as a
treatment for rheumatoid arthritis without FDA approval.
Merck -
Lafarge will implement a nationwide evaluation and compliance program at
189 of its similar facilities in the United States to ensure they meet Clean
Water Act requirements. Lafarge will also pay a penalty of $740,000 and
implement two supplemental environmental projects, in which the company
will complete conservation easements to protect approximately 166 acres in
Maryland and Colorado. The company must also identify an environmental
vice president, responsible for coordinating oversight of compliance with
storm water requirements, at least two environmental directors, to oversee
storm water compliance at each operation, and an onsite operations manager
at each facility.
Wachovia Bank -
The parties abandoned the merger. AT&T T-Mobile
GE Funding Capital
Markets
-
The companies have also agreed to participate in antitrust compliance
programs and to cooperate in government antitrust prosecutions involving
the high-tech industry.
Hitachi Sharp
Aventis Ferring
Prudential will overhaul its computer system and revise its business practices
to better utilize the Social Security Administrations death master list to
identify life insurance beneficiaries who have not filed a claim after a
policyholders death.
Prudential -
Under the terms of the agreement, NCOF must provide notice to consumers
about their debt collection rights under state and federal law, comply with the
federal Fair Credit Reporting Act, the federal Fair Debt Collection Practices Act
and all applicable state laws, monitor compliance, including monitoring and
training its independent contractors and representatives, create written
procedures and policies for handling complaints for consumers, and submit
compliance reports to the states every six months for 18 months.
NCO Financial Systems -
Under the agreement, the five servicers have agreed to a $25 billion penalty
under a joint state-national settlement structure. This agreement creates
dozens of new consumer protections. The protections range from requiring a
single point of contact for borrowers, establishing case review and paperwork
processing requirements and deadlines, and restricting practices such as dual
tracking (when banks pursue a loan modification while simultaneously
pursuing a foreclosure). For the first time, state attorneys general will
establish an independent monitor over federally chartered banks for purposes
of overseeing the terms of this agreement.
Wells Fargo Ally/GMAC
MOEX Offshore has also agreed to secure and protect properties of ecological
significance for the Gulf habitats.
MOEX Offshore 2007
LLC
-
KV Pharmaceutical -
Dava Pharmaceuticals -
Medtronic -
Wellcare Health Plans -
As a condition of the settlement, Merck will enter into a Corporate Integrity
Office of the Inspector General, which will closely monitor the company's
Merck -
Walgreens -
As part of the agreement, MetLife will adopt business reforms to improve
efforts to locate policyholders and beneficiaries within 120 days of an
insureds death, conduct quarterly matches for a year and monthly matches
against the death master file to check for evidence that a MetLife policy
holder may have died, and to search for insureds or beneficiaries of industrial
or low-value life policies that were sold in the early 1900s through 1964. If
MetLife discovers that a policyholder has died, it will conduct a thorough
search for the beneficiaries using mail, telephone calls, email and databases.
MetLife -
Under the settlement, Abbott Laboratories is: prohibited from making false or
misleading claims about Depakote, prohibited from promoting Depakote for
off-label uses, and required to ensure financial incentives on sales do not
promote off-label uses of Depakote. In addition, for a five-year period Abbott
must: limit the creation and use of responses to requests by physicians for
non-promotional information about off-label uses of Depakote, limit
dissemination of reprints of clinical studies relating to off-label uses of
Depakote,limit use of grants and Continuing Medical Education activities
regarding Depakote, disclose payments to physicians, and register and
disclose clinical trials.
In addition to the criminal and civil resolutions, Abbott has also executed a
Corporate Integrity Agreement (CIA) with the Department of Health and
Human Services, Office of Inspector General (HHS-OIG). The five-year CIA
requires, among other things, that Abbott's board of directors review the
effectiveness of the company's compliance program, that high-level
executives certify to compliance, that Abbott maintain standardized risk
assessment and mitigation processes, and that the company post on its
website information about payments to doctors.
As part of the settlement, Skechers is prohibited from making such claims
without adequate substantiation and consumers may be eligible for partial
refunds.
Sketchers -
The Court of Appeals agreed with the AGs that the NRC violated NEPA when it
found without conducting the necessary studies that no significant safety
or environmental impacts will result from storing highly radioactive nuclear
wastes onsite at the more than 100 operating reactors around the country,
including from the Indian Point reactors in Westchester County, for 60 or
more years after the reactors are closed. The Court also found that the NRC
violated the law when it found reasonable assurance that sufficient,
licensed, off-site storage capacity will be available to dispose of nuclear power
plant waste when necessary.
Nuclear Regulatory
Commission
-
Facing a court-ordered deadline of midnight Thursday, Assistant Administrator
for the Office of Air and Radiation Gina McCarthy told reporters in a news call
that EPA has proposed tightening the annual exposure to fine-particle soot
from 15 micrograms per cubic meter of air to between 12 and 13 micrograms
per cubic meter of air.
EPA -
Under the settlement, Toll Brothers will invest in a company-wide stormwater
compliance program to improve employee training and increase management
oversight at all current and future residential construction sites in 23 states
across the nation. The company is required to inspect its current and future
construction sites routinely to minimize stormwater runoff from sites.
Toll Brothers -
All of QuinStreet's education-related websites will have disclosures that clarify
that listed schools are advertisers or pay to appear on the sites. QuinStreet
will no longer be able to make claims that the information presented on the
site is "neutral" or "unbiased" or
that schools are "top" or "best" unless the information comes from an
independent source. The attorneys general will monitor sites owned by
QuinStreet going forward to ensure compliance with the settlement.
QuinStreet, Inc. -
The court found the petitioners lacked standing to challenge the regulation
because it was intended to ease their permitting burden by limiting the
number of sources that need to have permits. Additionally, the court denied
challenges to EPA's endangerment finding for greenhouse gases and
subsequent emissions standards for cars and light-duty trucks. SCOTUS denied
cert. on October 15, 2013.
EPA -
The Anti-Injunction Act does not bar the challenge to the constitutionality of
the mandate, and five Justices (the Chief Justice, joined by Justices Ginsburg,
Breyer, Sotomayor, and Kagan) agree that the individual mandate is
constitutional. Seven Justices (the Chief Justice and Justices Breyer and Kagan,
along with Justices Scalia, Kennedy, Thomas, and Alito) agree that the
Medicaid expansion violates the Constitution.
HHS -
Moving forward, GSK will be subject to stringent requirements under its
corporate integrity agreement with HHS-OIG; this agreement is designed to
increase accountability and transparency and prevent future fraud and abuse.
GlaxoSmithKline -
The company also agreed to create and implement an antitrust compliance
policy and training program for TD Ameritrade employees.
TD Ameritrade -
The defendants also agreed to engage in antitrust compliance programs. AU Optronics Corp. LC Display
The district court granted the defendant's motion to dismiss on the grounds
that the states did not have standing to challenge the rule, and even if the
states had standing, the lawsuit was not ripe. The AGs ended their attempt to
challenge this mandate through a direct lawsuit in August 2013.
HHS -
Establishes a $14.1 million Consumer Restitution Fund to provide
compensation to eligible consumers who submit a valid proof of claim with
the bankruptcy court.
U.S. Fidelis -
McKesson -
Allianz Life Insurance
Company
-
HarperCollins Publishing -
For five years, the company must make various additional disclosures; not
promote its atypical anti psychotics using selected symptoms of the FDA-
approved diagnoses unless certain disclosures are made regarding the
approved diagnoses; require its scientifically trained personnel, rather that its
sales and marketing personnel, to develop the medical content of scientific
communications to address requests for information from health care
providers regarding Janssen's
atypical anti psychotics; not use grants to promote its atypical anti psychotics
nor condition medical education funding on Janssen's
approval of speakers or program content.
Janssen Pharmaceuticals -
The company must restore the full value of impacted accounts; Fully comply
with California's unclaimed property laws and cooperate with the Controller's
efforts to reunite millions of dollars in death benefits and matured annuities
and other policies with their owners or, in many cases, the owners' heirs; Use
the date of death as reflected in the Social Security Administration's Death
Master File to establish the start of the three-year unclaimed property
dormancy period.
Nationwide Insurance
Companies
-
The settlement agreement requires AIG to regularly to check the Social
Security Administration's Death Master File to determine whether any of its
life insurance policyholders, owners of annuities, and holders of retained asset
accounts have died. A thorough search for beneficiaries must use all contact
information in its records and online search and locator tools. If beneficiaries
cannot be located, AIG must turn the proceeds owed to beneficiaries over to
the states as required by state unclaimed property laws.
AIG Companies -
As a condition of the settlement, BIPI will enter into a Corporate Integrity
Agreement (CIA) with the U. S. Department of Health and Human Services,
Office of the Inspector General, which will closely monitor the companys
Boehringer Ingelheim
Pharmaceuticals
-
Under the terms of the agreement, GSK will make several changes related to
its promotion of diabetes drugs, including that the company may no longer
claim that its diabetes drugs are safer than other manufacturers drugs unless
it can support the claims with substantial clinical experience or evidence. The
judgment also requires that GSK post summaries of all GSK-sponsored
observational studies or meta-analyses that the company conducts that are
meant to inform the public and the medical community that the diabetes
drugs are safe, effective or appropriate for use in diabetic patients and must
post accurate summaries of GSK-sponsored clinical trials of any diabetes
products within eight months of the primary completion date.
GlaxoSmithKline -
Under the settlement, Pfizer must reform how it markets and promotes Zyvox
and Lyrica. The company must not make any false, misleading or deceptive
claims when comparing the efficacy or safety of Zyvox to vancomycin or
promote any Pfizer product for off-label uses. The settlement also requires
Pfizer to bar financial incentives for employees based upon improper
marketing of Zyvox and Lyrica, and the company must promptly notify its
sales force of any warning letter received from the FDA that affects sales
representatives in their promotion of Pfizer products.
Pfizer -
Under the settlement, the states will receive their share of $4 billion in
disputed payments and the manufacturers will receive credits against future
payments.
Philip Morris -
The settlement represents the single largest criminal and civil False Claims Act
settlement involving a biotechnology company in U.S. history. As part of the
global settlement, Amgen has also agreed to enter into a Corporate Integrity
Agreement (CIA) with HHS-OIG that will govern its conduct, and ensure careful
oversight of its branding and marketing practices.
Amgen -
BioScrip -
Under the terms of the proposed settlement, LPS and its subsidiaries would
be required to institute business practice reforms and correct documents it
executed, if necessary. The consent judgment would also prohibit signature by
unauthorized employees or people without first-hand knowledge of facts
stated in the documents, require enhanced oversight of provided default
services, and require a review of all third-party fees to make sure that fees are
reasonably and accurately earned.
Lender Processing
Services
-
The company must also enter into a Corporate Integrity Agreement with the
U.S. Department of Health and Human Services' Office of the Inspector
General that will closely monitor the company's future marketing and sales
practices.
Victory Pharma -
Under the terms of the settlement, Toyota will significantly change the safety
culture within its United States operations, ensuring that U.S. officials have
timely access to information and the authority to participate fully in decisions
related to the safe operation of Toyota vehicles advertised and sold in the U.S.
Toyota -
The terms of the Macmillan settlement, which is subject to court approval,
mirror those agreed to by the other publishers. Macmillan will immediately lift
restrictions it has imposed on discounting and other promotions by e-book
retailers. Reduced prices could be available to consumers as early as next
Monday. The company will be prohibited until December 2014 from entering
into new agreements with similar restrictions. The publisher must also notify
the government in advance about any e-book ventures it plans with other
publishers. And for five years, it will be prohibited from agreeing to any kind
of so-called most-favored nation clause with any retailer, meaning that no
other retailer is allowed to sell e-books for a lower price.
Macmillan -
Healthpoint -
Under the terms of the consent decree, AEP and its subsidiaries must meet
more stringent emissions reductions of sulfur dioxide at its plants east of the
Mississippi River, reduce its total SO2 emissions by approximately 90 percent
from its baseline emissions prior to a 2007 air pollution settlement, pay $6
million to fund environmental mitigation programs in eight states and pay
$2.5 million in mitigation funds to citizen groups in Indiana.
Finally, Par will be required to enter into a Corporate Integrity Agreement
with the United States Department of Health and Human Services, Office of
the Inspector General to ensure that these illegal marketing activities do not
reoccur in the future.
Par Pharmaceuticals, Inc -
Under the terms of the agreement announced Tuesday, Google must conduct
employee training on privacy and confidentiality of user data for at least 10
years, conduct a public service advertising campaign to educate consumers on
securing their personal information on wireless networks, pay $7 million to 38
states and the District of Columbia, and not collect any additional information
without notice and consent.
Google -
Tobacco companies -
The company must also enter into a Corporate Integrity Agreement with the
U.S. Department of Health and Human Services' Office of the Inspector
General that will closely monitor the company's future marketing and sales
practices.
Amgen -
Bank of America -
New procedures will be established to allow Connecticuts Public Utilities
Regulatory Authority (PURA), its five New England counterparts, and other
state agencies in New England to review and provide feedback when ISO
proposes its annual budget.
ISO-New England -
Ranbaxy -
Among other terms, the settlement requires the plant owners to: Except as
essential to maintain reliability of the electric grid, stop burning coal in Units 1
and 2, which have a combined generating capacity of 401 megawatts, by June
1, 2014; Comply with a final EPA rule requiring significant reductions in sulfur
dioxide emissions from the units to help meet national ambient air quality
standards for sulfur dioxide in New Jersey. Meeting those reductions will
require the units to install major new pollution controls, switch to natural gas
as a fuel or cease operation in January 2015.
GenOn Power
Generation LLC
-
Penguin Macmillan
Tobacco companies -
Ash Grove Cement Company has agreed to pay a $2.5 million penalty and
invest approximately $30 million in pollution control technology at its nine
Portland cement manufacturing plants to resolve alleged violations of the
Clean Air Act.
Ash Grove Cement -
As part of the agreement, TIAA agreed to:Perform comparisons of all insureds
in its company records against the complete DMF within 12 months from the
Agreement effective date, and continue this practice on a monthly basis;
Provide the lead states quarterly reports about the implementation and
execution of the requirements of the Agreement for 36 months following its
conclusion; Allow the lead states to conduct a follow-up examination to
determine compliance 39 months following the conclusion of this Agreement.
TIAA-CREF Life Insurance
Co
-
The companies will spend approximately $100 million at the two heat-
recovery coking facilities to install equipment known as heat-recovery steam
generators to ensure that hot coking gases are routed to pollution control
equipment and not vented directly into the atmosphere. If future emissions
exceed the requisite threshold at a third facility, in Middletown, Ohio, then
SunCoke will have to install an additional HRSG at that facility to prevent
uncontrolled venting of coking gases. Further, the companies have agreed to
accept more stringent emission limits than required in their current permits
for SO2 and particulate matter.
SunCoke Energy -
Mallinckrodt -
In addition to the criminal fines and asset forfeiture, ISTA's parent company,
Bausch+Lomb, Incorporated (B+L), has agreed to maintain a Compliance and
Ethics Program.
ISTA Pharmaceuticals -
The new air pollution reduction projects that Lafarge has committed to
funding include replacement of an old locomotive engine at the Ravena
facility with a new, more efficient and less polluting one at a cost of
approximately $600,000. The remaining $900,000 will be provided to New
York State to fund energy efficiency or pollution reduction projects in the
community around the Ravena plant.
Pfizer is currently subject to a Corporate Integrity Agreement (CIA) with the
Department of Health and Human Services Office of Inspector General that it
entered in connection with another matter in 2009, shortly before acquiring
Wyeth. The CIA covers former Wyeth employees who now perform sales and
marketing functions at Pfizer.
Wyeth Pharmaceuticals -
The agreement sets deadlines for new standards on four categories of high
energy-demand products: commercial refrigeration equipment, electric
motors, metal halide lamps and walk-in coolers and freezers.
Department of Energy -
As part of the agreement, ING agreed to: Compare all company records
against the DMF Update File every month and against the Complete DMF file
at least annually from the Agreement effective date; Provide the lead states
quarterly reports about the implementation and execution of the
requirements of the Agreement for 36 months following its conclusion. Allow
the lead states to conduct a follow-up examination to determine compliance
39 months following the conclusion of this Agreement.
ING Life Insurance -
Sanofi-Aventis U.S. -
UBS also agreed to revise its client transaction processes and supervisory
procedures to correct the alleged violations.
UBS Financial Services -
As part of the agreement, Transamerica agreed to: Compare all company
records against the DMF Update File every month and against the Complete
DMF file at least annually from the Agreement effective date. Provide the lead
states quarterly reports about the implementation and execution of the
requirements of the Agreement for 36 months following its conclusion. A
follow-up examination to determine compliance 39 months following the
conclusion of this Agreement.
Transamerica Life
Insurance Co.
-
The settlement also requires Affinion to substantially change its business
model by requiring Affinion and its subsidiaries to, among other things: clearly
and conspicuously disclose all material terms to consumers who enroll in its
membership programs, including that the memberships may change from free
trials to monthly payments; only enroll consumers into its membership
programs who agree to sign up; send consumers periodic notices informing
them that they are being charged for the memberships; and make it easier for
consumers to cancel their memberships.
Affinion Trilegiant
Kmart -
As part of the agreement, New York Life agreed to: Compare all company
records against the DMF Update File every month and against the Complete
DMF file at least annually from the Agreement effective date; Provide the lead
states quarterly reports about the implementation and execution of the
requirements of the Agreement for 36 months following its conclusion; A
follow-up examination to determine compliance 39 months following the
conclusion of this Agreement.
New York Life Insurance
Co.
-
As part of this off-label marketing settlement, Janssen has agreed to plead
guilty to a misdemeanor violation of the U.S. Food, Drug and Cosmetic Act and
to pay a criminal fine of $400 million.
Janssen Pharmaceuticals Johnson & Johnson
In addition to the criminal and civil resolutions, J&J has executed a five-year
Corporate Integrity Agreement (CIA) with the Department of Health and
Human Services Office of Inspector General (HHS-OIG). The CIA includes
provisions requiring J&J to implement major changes to the way its
pharmaceutical affiliates do business.
Scios Johnson & Johnson
In addition to the monetary recovery, J&J will enter into a Corporate Integrity
Agreement with the federal government, under which the U.S. Department of
Health and Human Services will closely monitor the companys future
marketing and sales practices.
Johnson & Johnson -
The settlement reached by the states requires maintenance of existing hubs in
those states, consistent with their historical operations, for three years, and
continued daily service for five years to each airport in the affected states that
American and US Airways serviced at the time of filing.
U.S. Airways American Airlines
This agreement represents a new approach in which multiple states work
together to bring about a collective settlement under their False Claims Acts
outside the health care area.
CA Technologies -
Google also agreed Monday to injunctive relief that requires it to take certain
actions, including improving the information it provides about cookies.
Google -
An independent monitor has been appointed to ensure compliance by the
bank, which has agreed to complete the consumer-focused efforts by the end
of 2017.
JP Morgan Chase -
The settlement agreement requires implementation of the following business
practices and reform measures: Compare all company records against the
DMF Update File every month and against the complete DMF file at least
annually from the Agreement effective date; Provide quarterly reports to the
lead states about the implementation and execution of the requirements of
the Agreement for 36 months following its conclusion; A follow-up
examination to determine compliance 39 months following the conclusion of
this Agreement.
Aviva Life & Annunity
Co.
-
annually; Provide quarterly reports to the lead states about the
implementation and execution of the requirements of the Agreement for 36
months following its conclusion; A follow-up examination to determine
compliance 39 months following the conclusion of this Agreement.
Midland Life Insurance
Co.
-
CVS Caremark -
annually from the Agreement effective date; Provide quarterly reports to the
lead states about the implementation and execution of the requirements of
the Agreement for 36 months following its conclusion; A follow-up
examination to determine compliance 39 months following the conclusion of
this Agreement.
Lincoln National Life
Insurance Co.
-
U.S. Fidelis -
Ocwen commits to $2 billion in first-lien principal reduction; pays $125
million cash to borrowers associated with 183,984 foreclosed loans;
Homeowners receive comprehensive new protections from new mortgage
loan servicing and foreclosure standards; An independent monitor will
oversee implementation of the settlement to ensure compliance; the
government can pursue civil claims outside of the agreement, and any
criminal case; borrowers and investors can pursue individual, institutional or
class action cases regardless of the agreement; Ocwen pays $2.3 million for
settlement administration costs.
Ocwen Financial Corp. -
AT&T Mobility Sprint
In a separate consent agreement, SCI agreed to provide the state plaintiffs
with the same notices, requirements for approval and compliance review as
to divestitures and future acquisitions included in the FTC's consent decree
and to pay the state's costs and attorneys' fees..
Service Corporation
International
-
Defendant3
Defendant4 and
others
Business Type
Related 4 Digit
NAICS Code
Related 6 Digit
NAICS Code
HQ (Def1) HQ (Def2)
Mohawk Devices, Inc.
Waterbury Products
Corp. and 4 others
Computer & Electronic Product
Manufacturing
3359 335931 NY Several
- - Government 9241 924100 N/A N/A
Kregs, Inc.
Providence Blue
Print Co.
Printing & Related Support Activities 4539 453998 MA Several
- - Agriculture Unkn Unknown MN N/A
- - Retail Trade 4411 441110 MD MD
Pierce, Fenner & Smith
Inc.
E.F. Hutton & Co.
Inc. and 19 others
Finance & Insurance 5242 524210 Several Several
KFC
Wendy's; Burger
King
Accommodation and Food Services 7222 722211 IL
Several
(CA; KY;
OH; FL)
- -
Manufacturing
3333 333315 NJ N/A
- - Repair & Maintenance 8111 811113 PA N/A
- - Motor Vehicle Manufacturing 3361 336111 MI N/A
- - Retail Trade 4521 452110 Foreign OH
- - Rental & Leasing Services 5321 532111 NJ N/A
- -
Manufacturing
3343 334310 Foreign N/A
- - Construction Unkn Unknown VT N/A
- - Motor Vehicle Manufacturing 3361 336111 CA N/A
- - Rental & Leasing Services 5321 532111 NJ N/A
- - Food Manufacturing 3114 311422 NJ N/A
- - Utilities 2211 221120 LA N/A
- - Food Manufacturing 3115 311514 CA N/A
- - Food Manufacturing 3118 311813 IL N/A
- -
Pharmaceutical and Medicine
Manufacturing
3254 325412 CA N/A
- - Food Manufacturing 3115 311512 NY N/A
- - Food Manufacturing 3119 311919 NC N/A
- - Finance & Insurance 5223 522320 NY CA
- - Food Manufacturing 3112 311230 MN N/A
- - Food Manufacturing 3112 311221 NJ N/A
- -
Manufacturing
3254 325412 IN N/A
Williams Natural Gas
Co.
-
Petroleum & Coal Products
Manufacturing
3241 324110 IL Several
- - Wood and Paper Manufacturing 3256 325620 CA N/A
Cancer Fund of
America
Center for
Alternative Cancer
Research and others
Advertising and Related Services 5418 541810 VA Several
- -
Manufacturing
3254 325412 NY NY
- -
Manufacturing
3241 324110 TX N/A
- -
Manufacturing
Unkn Unknown GA N/A
- -
Manufacturing
Unkn Unknown WA N/A
Trans-World Airlines Delta Air Lines
Scheduled Passenger Air
Transportation
4811 481111 GA Several
- -
Plastics & Rubber Products
Manufacturing
3261 326111 VA N/A
- - Miscellaneous Manufacturing 3256 325620 IL N/A
Lintas Inc. - Wood and Paper Manufacturing 3222 322210 Foreign
Several
(Foreign)
- - Finance & Insurance 5239 523930 NY N/A
- - Food Manufacturing 3112 311230 MI N/A
- -
Manufacturing
3254 325412 NY N/A
- - Wood and Paper Manufacturing 3256 325620 OH N/A
- - Credit Bureaus 5614 561450 OH N/A
- -
Manufacturing
3254 325412 UT N/A
- -
Manufacturing
3241 324110 TX N/A
- - Finance & Insurance 5223 522310 PA N/A
- - Food Manufacturing 3112 311230 MN N/A
- -
Manufacturing
3261 326111 MN N/A
Union Oil Co. of
California
-
Manufacturing
3241 324110 CA Several
Sprint - Telecommunications 5171 517110 TX Several
- - Credit Bureaus 5614 561450 GA N/A
- - General Merchandise Stores 4521 452110 IL N/A
- -
Manufacturing
3254 325412 NJ IL
- - Credit Bureaus 5614 561450 IL N/A
- - Machinery Manufacturing 3351 335110 CT N/A
- - Other/Non Classified Unkn Unknown AZ N/A
- -
Manufacturing
3262 326212 FL N/A
- - Hospitals and Health Care Services 6219 621999 CA N/A
- -
Manufacturing
3254 325412 WI N/A
Mobil -
Manufacturing
3241 324110 CA Several
- - Finance & Insurance 5223 522310 RI N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Wood and Paper Manufacturing 4233 423310 CT N/A
- - Retail Trade 4451 445120 AZ N/A
- - Advertising and Related Services Unkn Unknown TN N/A
- -
Manufacturing
3254 325412 UT PA
Comcast Corp.
Continental
Cablevision and
several others
Broadcasting 5152 515210 PA Several
- -
Manufacturing
3254 325412 MO N/A
- - Miscellaneous Manufacturing 3326 332618 OK N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Hospitals and Health Care Services Unkn Unknown OR N/A
- - Other/Non Classified Unkn Unknown Foreign N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Apparel Manufacturing 3162 316210 MA N/A
- - Business Associations 8139 813910 GA N/A
- -
Manufacturing
3351 335110 MA N/A
- - Other/Non Classified 3259 325998 UT N/A
- -
Manufacturing
3254 325412 PA N/A
- -
Manufacturing
3391 339112 MN N/A
- -
Manufacturing
3254 325412 MI N/A
- - Food Manufacturing 3116 311612 IL N/A
- - Nonstore Retailers 5418 541860 NY N/A
- -
Professional, Scientific, & Technical
Services
Unkn Unknown OK N/A
Allstate Insurance
General Reinsurance
Corp. and 27 others
Finance & Insurance 5241 524126 CT Several
Continental Airlines
Delta Airlines, Inc.;
Northwest Airlines,
Inc.; Transworld
Airlines, Inc.; United
Airlines, Inc.; US Air,
Inc.; Airline Tariff
Publishing Company
Air Transportation 4811 481111 WA
Several (TX;
GA; MN;
MO; IL; AZ)
- -
Waste Management & Remediation
Services
5621 562111 TX Foreign
- -
Mining, Quarrying, and Oil and Gas
Extraction
2122 212234 MI N/A
- - Apparel Manufacturing 3162 316210 MA N/A
- - Other/Non Classified Unkn Unknown NV N/A
- -
Drugs & Druggists' Sundries
Merchant Wholesalers
4461 446110 IL N/A
- -
Manufacturing
3254 325412 NJ NJ
- -
4461 446110 MA N/A
- - Food & Beverage Stores 4451 445110 LA MO
- -
Veneer, Plywood, and Engineered
Wood Product Manufacturing
3212 321210 OR N/A
- - Other/Non Classified Unkn Unknown WA N/A
- - Publishing Industries 5191 519130 Foreign MN
- -
Furniture & Related Product
Manufacturing
4421 442110 FL N/A
Stop & Shop
Companies
- Food & Beverage Stores 4451 445110 Foreign Several
- - Other/Non Classified Unkn Unknown TX N/A
CIBC Oppenheimer
Corp.
Credit Suisse First
Boston Corp. and
several others
Finance & Insurance 5231 523120 MO Several
- - Advertising and Related Services 4541 454113 NJ N/A
- -
Services
Unkn Unknown NV N/A
- -
Services
5621 562111 TX TX
- - Business Associations 8139 813910 CA N/A
- -
Manufacturing
3341 334111 CA N/A
Montgomery Ward &
Co.
Tandy Corp. Retail Trade 4431 443112 MN
Several (FL;
IL; TX)
- - Telecommunications 5171 517110 CA N/A
- - Telecommunications 5418 541860 NJ N/A
- - Other/Non Classified Unkn Unknown N/A N/A
- -
Manufacturing
3254 325412 PA GA
- - Hospitals and Health Care Services 6215 621511 NC N/A
Isuzu Mitsubishi Motor Vehicle Manufacturing 3361 336111 MI
Several
(Foreign)
- -
Manufacturing
3341 334111 TX N/A
- -
Internet Service Providers, Web
Search Portals, & Data Processing
5191 519130 VA N/A
- - Motor Vehicle Manufacturing 3361 336111 Foreign N/A
- - Retail Trade 4431 443112 VA N/A
- -
5191 519130 VA N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Information 5171 517110 NJ N/A
- - Agriculture Unkn Unknown N/A N/A
- - Hospitals and Health Care Services 6215 621511 PA N/A
- - Tobacco Product Manufacturing 3122 312221 DE N/A
- -
Manufacturing
4234 423430 CA N/A
- -
Extraction
3116 311612 MN PA
- -
Manufacturing
3254 325412 GA N/A
- - Retail Trade 8111 811111 MN N/A
- - Retail Trade 4521 452110 IL N/A
- - Other/Non Classified Unkn Unknown MO N/A
- - Chemical Manufacturing 3253 325320 DE N/A
- - Apparel Manufacturing 3151 315110 PA N/A
- -
Manufacturing
3254 325412 NY N/A
- - Retail Trade 4532 453210 FL MA
- - Telecommunications 5171 517110 TX N/A
- -
Travel Arrangement and Reservation
Services
5615 561510 FL N/A
- - Miscellaneous Manufacturing 3399 339932 NJ N/A
- -
Manufacturing
3241 324110 NY TX
- - Telecommunications 5171 517110 TX N/A
- - Other/Non Classified Unkn Unknown ME CA
- - Broadcasting 5152 515210 CA N/A
- - Retail Trade 4521 452110 OH N/A
- - Nonstore Retailers 5418 541860 NJ N/A
- - Hospitals and Health Care Services Unkn Unknown TN N/A
Sony Corporation of
America
J.E. Seagram Corp. Motion Picture & Video Industries 5121 512131 NY Several
- - Hospitals and Health Care Services 6215 621511 NJ NY
Kmart Star Enterprises Retail Trade 4471 447110 TX
Several (RI;
IL; CA)
- -
5191 519130 VA N/A
- - Other/Non Classified Unkn Unknown NJ N/A
- -
Services
5621 562111 TX TX
- -
Services
5615 561510 CA N/A
- - Other/Non Classified Unkn Unknown PA N/A
First Security Inc. - Other/Non Classified Unkn Unknown TN Several
- - Retail Trade 4521 452110 MO N/A
- - Finance & Insurance Unkn Unknown GA N/A
Brown and Williamson
Tobacco
Lorillard Tobacco Co. Tobacco Product Manufacturing 3122 312221 VA Several
- -
Services
5615 561510 FL N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3241 324110 IL Foreign
Eastern Environmental
Services
-
Services
5621 562111 TX NJ
- -
Services
5416 541611 TX N/A
- - Advertising and Related Services 5418 541860 CA N/A
- - Miscellaneous Manufacturing 3326 332618 MO N/A
- -
Services
5621 562111 AZ TX
Several individuals - Advertising and Related Services 3256 325611 FL FL
Mattel
The Little Tikes Co.;
Tyco Industries
Retail Trade 4511 451120 NJ Several
- - Nonstore Retailers 5418 541860 NJ N/A
- - Food & Beverage Stores 4451 445110 ID UT
- - Other/Non Classified 3259 325998 TX N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Telecommunications 5172 517210 MS N/A
- -
Manufacturing
3241 324110 TX VA
- -
Manufacturing
3254 325412 NJ N/A
Florida Travel Network
Crowne Plaza
Resorts
Services
5615 561510 FL Several
- - Apparel Manufacturing 4482 448210 NY PA
- - Small Arms Manufacturing 3329 332994 MA N/A
- - Telecommunications 5172 517210 CO N/A
- - Other/Non Classified 5418 541860 CA N/A
- -
Manufacturing
3241 324110 TX CA
BG Management - Other/Non Classified 4543 454390 NV Several
Wisconsin Tissue Mills
Georgia-Pacific
Corporation and
others
Wood and Paper Manufacturing 3222 322291 TX
Several
(GA; WI)
Profarmaco S.R.L.
Gyma Laboratories
of America, Inc.; SST
Corp.
Manufacturing
3254 325412 PA Several
- - Retail Trade 4249 424920 DE CT
- -
5417 541712 WA N/A
- - Publishing Industries 5111 511120 NY N/A
- - Finance & Insurance 5221 522110 MN N/A
- - Other/Non Classified Unkn Unknown WA N/A
Aventis
Takeda Chemical
Industries; Eisai Co.;
Daiichi
Pharmaceutical Co.
Manufacturing
3254 325412 Foreign Foreign
- -
Manufacturing
3262 326212 TN N/A
Tactica International -
Unkn Unknown NY Several
- - Hospitals and Health Care Services 6221 622110 TN N/A
- - Advertising and Related Services 4541 454113 FL N/A
- - Retail Trade Unkn Unknown MA N/A
- -
Manufacturing
3254 325412 PA N/A
- - Agriculture 5417 541712 NC N/A
- -
Services
5615 561510 FL FL
- -
Manufacturing
3254 325412 NY N/A
- - Advertising and Related Services 5171 517110 AZ N/A
Lee Sumner Churchill - Other/Non Classified Unkn Unknown MN Several
- -
Manufacturing
3241 324110 OH N/A
- -
Manufacturing
3254 325412 NJ MO
- - Agriculture 5417 541712 NC N/A
- -
4461 446110 RI N/A
- -
Manufacturing
3241 324110 CA NY
- - Nonstore Retailers 4543 454312 OH N/A
- -
Manufacturing
3254 325412 IL N/A
- - Advertising and Related Services Unkn Unknown FL N/A
- - Software Publishers 5112 511210 WA N/A
- -
Manufacturing
3262 326211 TN N/A
- - Retail Trade 4541 454111 WA N/A
- -
Manufacturing
3241 324110 TX TX
- - Agriculture 4451 445110 TX MA
- - Other/Non Classified 5617 561710 GA N/A
- - Retail Trade 4521 452110 MI N/A
- - Nonstore Retailers Unkn Unknown VA N/A
MCI - Telecommunications 5171 517110 TX
Several (KS;
VA)
- - Finance & Insurance 5223 522310 CA N/A
- - Tobacco Product Manufacturing 3122 312221 NC N/A
- -
4461 446110 FL N/A
- -
Manufacturing
3254 325412 IN N/A
- - Retail Trade 4471 447110 TX N/A
- - Other/Non Classified 5418 541861 VA N/A
- - Advertising and Related Services 5418 541810 NY N/A
- -
Manufacturing
3241 324110 OK TX
- - Retail Trade 4541 454111 WA N/A
- -
Electrical Equipment, Appliance, &
Component Manufacturing
Unkn Unknown IL N/A
- - Advertising and Related Services 5418 541860 MO N/A
Warner-Elektra-
Atlantic Corp.
Universal Music
Group; Bertelsmann
Music Group;
retailers Tower
Records, Musicland
Stores and
Transworld
Entertainment
Manufacturing
- - Finance & Insurance 5223 522310 IL N/A
- - Other/Non Classified Unkn Unknown FL FL
- -
Manufacturing
3254 325412 NY N/A
- - Utilities 2211 221120 OK N/A
General Motors
Corporation
DirecTV Enterprises,
Inc.
Broadcasting 5152 515210 CO
Several
(CA; MI;
CA)
- - Finance & Insurance Unkn Unknown DE N/A
- -
Manufacturing
3254 325412 NY N/A
- -
Services
5622 562211 IL GA
- -
4461 446110 RI N/A
- - Publishing Industries 5111 511120 AZ AZ
- -
Manufacturing
3254 325412 Foreign FL
Watson Pharma -
Manufacturing
- - Utilities 2211 221120 TX N/A
- - Retail Trade 4431 443112 NJ N/A
- - Agriculture 1151 115114 IL N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Utilities 2211 221120 VA N/A
- -
Manufacturing
3254 325412 NY N/A
- - Software Publishers 5412 541213 MO N/A
- - Business Associations 8139 813910 DC N/A
- - Broadcasting 5152 515210 CO N/A
- - Rental & Leasing Services Unkn Unknown MA N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 IL N/A
- - Retail Trade 4529 452910 AR N/A
- - Telecommunications 5172 517210 VA N/A
- -
Manufacturing
3241 324110 CA N/A
U.S. Smokeless
Tobacco
Brown & Williamson Tobacco Product Manufacturing 3122 312221 VA Several
- - Finance & Insurance 5223 522320 GA TN
Amoco - Retail Trade 4471 447110 CA Several
- - Nonstore Retailers Unkn Unknown N/A N/A
- -
4242 424210 NJ N/A
- -
Manufacturing
3254 325412 MO N/A
- -
Manufacturing
3254 325412 MO N/A
- - Telecommunications 5418 541860 MN N/A
- -
4461 446110 PA N/A
- -
4461 446110 AR N/A
- - Utilities 2211 221120 OH N/A
- - Utilities 2211 221120 NC N/A
Cingular Wireless - Telecommunications 5172 517210 NJ Several
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3254 325412 NJ MI
New Vulcan Coal
Holdings
-
Extraction
2121 212111 MO IL
- - Retail Trade 4461 446110 PA N/A
- - Publishing Industries 5112 511210 CA CA
- -
Manufacturing
3241 324110 TX N/A
- -
Manufacturing
3254 325412 NJ PA
Bellsouth Corp.
AT&T Wireless
Services
Telecommunications 5172 517210 GA Several
- -
Manufacturing
3254 325412 NJ N/A
- - Finance & Insurance 5222 522220 NJ N/A
- - Chemical Manufacturing 3252 325211 Foreign TN
- -
Services
5416 541613 MO N/A
- - Information Unkn Unknown NJ GA
- -
Manufacturing
3241 324110 TX N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Services
5223 522320 CA IN
- -
Manufacturing
3254 325412 IL CO
Discover American Express Finance & Insurance 5223 522320 NY
Several
(CA; IL; NY)
- - Finance & Insurance 5231 523120 CT N/A
Wells Fargo - Finance & Insurance 5221 522110 NJ Several
Newsweek
People Magazine;
Time Magazine
Tobacco Product Manufacturing 3122 312221 VA
Several
(NY)
- - Retail Trade 4521 452110 OH MO
- - Agriculture 1151 115114 MN N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Telecommunications 5172 517210 VA N/A
- - Nonstore Retailers 5191 519130 CA N/A
- -
Manufacturing
3254 325412 MA N/A
- -
Manufacturing
3241 324110 TX N/A
- - Other/Non Classified 5418 541861 OR N/A
- -
Manufacturing
3254 325412 TN N/A
- - Finance & Insurance 5223 522320 CO N/A
- - Finance & Insurance 5222 522220 WA N/A
- - Advertising and Related Services 5418 541860 MA N/A
- - Tobacco Product Manufacturing 3122 312221 VA N/A
- - Finance & Insurance 5221 522110 NC N/A
- - Food & Beverage Stores 5418 541860 OH N/A
- - Retail Trade 4461 446110 RI N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 Foreign N/A
Continental Recovery
Services
- Publishing Industries 5111 511140 CA Several
- - Retail Trade 4471 447110 CA N/A
- - Finance & Insurance 5241 524128 Foreign N/A
- - Utilities 2211 221120 GA N/A
- - Other/Non Classified 4543 454390 NV NV
- -
Manufacturing
3254 325412 Foreign N/A
- - Finance & Insurance 5222 522220 MO N/A
- -
Manufacturing
3254 325412 PA N/A
- - Business Associations 8139 813910 GA N/A
- - Finance & Insurance 5221 522110 AZ N/A
- - Retail Trade 4483 448310 GA N/A
- -
Services
Unkn Unknown FL N/A
- - Information 5121 512110 NY N/A
- -
Manufacturing
3254 325412 KY N/A
- -
Services
5416 541611 CT IL
- - Publishing Industries 5111 511140 AZ N/A
- -
Manufacturing
3343 334310 NY N/A
Riga - Tobacco Product Manufacturing 3122 312221 Foreign Several
- -
Manufacturing
3254 325412 PA N/A
- -
Services
Unkn Unknown FL N/A
- -
Manufacturing
3344 334413 CA N/A
Washington University - Educational Services 6113 611310 IL Several
- - Beverage Manufacturing 3121 312140 IL N/A
- -
Manufacturing
3254 325412 AZ N/A
- -
Manufacturing
3254 325412 CT N/A
- -
Manufacturing
3254 325412 CT CT
- - Business Associations 8139 813910 DC DC
- - Educational Services 6113 611310 MN N/A
- -
4461 446110 PA N/A
- -
Manufacturing
3254 325412 NY N/A
- -
5182 518210 GA N/A
- - Software Publishers 5112 511210 WA N/A
- -
5191 519130 VA N/A
- - Chemical Manufacturing 3253 325320 DE N/A
- -
Manufacturing
3391 339112 MA N/A
- -
Transit & Ground Passenger
Transportation
- - Retail Trade 4451 445110 OH N/A
- - Finance & Insurance Unkn Unknown FL N/A
- -
5191 519130 CA N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3254 325412 PA N/A
- -
4461 446110 RI N/A
- - Apparel Manufacturing 3151 315110 PA N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Publishing Industries 5111 511140 FL N/A
- -
4461 446110 RI N/A
- -
Furniture & Related Product
Manufacturing
3372 337211 MI N/A
- - Finance & Insurance 5222 522220 OH N/A
- -
5191 519130 CA N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
4242 424210 MO N/A
- -
4461 446110 IL N/A
Richmond American
Homes
Pulte Homes Construction 2361 236115 TX Several
- -
Services
5412 541213 SC SC
- - Beverage Manufacturing 3121 312120 MO N/A
- -
Manufacturing
3254 325412 NY N/A
- -
Manufacturing
3254 325412 PA N/A
- -
4461 446110 IL N/A
- -
Manufacturing
3254 325412 IN N/A
- -
Manufacturing
3254 325412 NY N/A
- - Other/Non Classified Unkn Unknown NJ N/A
- - Information 5191 519130 CA N/A
- -
Services
5621 562111 AZ AZ
- - Educational Services 6117 611710 NY N/A
- -
Manufacturing
3254 325412 FL N/A
- - Miscellaneous Manufacturing 3399 339932 CA N/A
- - Beverage Manufacturing 3121 312120 IL N/A
- -
Manufacturing
3254 325412 NY N/A
- - Tobacco Product Manufacturing 3122 312221 NM N/A
- -
Services
5419 541910 MD N/A
- -
Manufacturing
3341 334111 TX N/A
- -
Manufacturing
3254 325412 IN N/A
- -
Manufacturing
3254 325412 PA N/A
- - Agriculture 3116 311612 Foreign MO
- -
Manufacturing
3241 324110 WY N/A
Beverage Partnership
Worlwide
- Food Manufacturing 3121 312111 GA CA
- -
Religious, Grantmaking, Civic,
Professional & Similar Organizations
6241 624190 WI N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3262 326212 SC N/A
- - Retail Trade 4481 448140 MA N/A
MSP Singapore
Company
-
Manufacturing
3254 325412 NJ Several
- - Broadcasting 5152 515210 CO N/A
- - Primary Metal Manufacturing 3313 331314 OH N/A
- - Hospitals and Health Care Services 6215 621511 NJ N/A
- -
Manufacturing
3254 325412 NY N/A
- -
Manufacturing
3254 325412 NY N/A
Ortho McNeil -
Manufacturing
3254 325412 PA
Several
(Foreign;
NJ)
- -
Manufacturing
3254 325412 KY FL
- -
Services
5622 562211 IL TX
Mitsui & Co.
Chinook Global
Limited and 8 others
Manufacturing
3254 325412 Foreign Several
- -
Extraction
2122 212234 AZ N/A
- - Utilities 2211 221120 NC N/A
- -
Manufacturing
- -
Extraction
3273 327390 VA N/A
- - Information 5171 517110 NJ N/A
- -
Nonmetallic Mineral Product
Manufacturing
3272 327211 Foreign IN
- - Administrative and Support Services 7114 711410 CA CA
- - Finance & Insurance 5223 522320 CO N/A
- - Personal and Laundry Services Unkn Unknown FL N/A
- - Tobacco Product Manufacturing 3122 312221 NM N/A
- - Investigation and Security Services 5191 519190 AZ N/A
- -
Manufacturing
3341 334110 NE N/A
- - Telecommunications 5172 517210 KS Several
- -
Manufacturing
3254 325412 NJ N/A
- - Chemical Manufacturing 3251 325199 TX N/A
- - Construction 2361 236110 NJ N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3254 325412 WI Foreign
- -
Manufacturing
3254 325412 Foreign N/A
- - Motion Picture & Video Industries 5121 512131 MO N/A
Infineon Technologies
Hynix
Semiconductor;
Elpida Memory;
Mosel-Vitelic Corp.
Manufacturing
3344 334413 ID Several
- - Primary Metal Manufacturing 3312 331210 AL N/A
- -
Manufacturing
3254 325412 Foreign PA
- -
Manufacturing
3254 325412 CA N/A
- -
Manufacturing
3254 325412 CA N/A
- - Personal and Laundry Services Unkn Unknown FL N/A
- -
Manufacturing
3254 325412 NY N/A
- -
Manufacturing
3254 325412 KY N/A
- -
Manufacturing
3241 324110 AR N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Finance & Insurance 5223 522320 CA NY
World Savings - Finance & Insurance 5221 522110 CA Several
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 PA N/A
- - Finance & Insurance 8129 812990 MD N/A
- - Repair & Maintenance 8111 811111 MO N/A
- - Hospitals and Health Care Services 6215 621511 MD N/A
- - Chemical Manufacturing 3251 325131 OK N/A
- - Construction 2361 236116 GA N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Food Manufacturing 3115 311510 NY N/A
- -
Manufacturing
3254 325412 Foreign NJ
- -
5191 519130 CA N/A
General Electric - Broadcasting 5152 515210 PA Several
- -
Extraction
2121 212111 MO N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Advertising and Related Services 5418 541870 GA N/A
- - Food Manufacturing 3115 311512 TX N/A
- -
4461 446110 RI N/A
- - Chemical Manufacturing 3253 325320 IA N/A
- -
Manufacturing
3254 325412 MA N/A
- - Retail Trade 5322 532230 OR OR
- - Retail Trade 4451 445120 AZ N/A
- - Finance & Insurance 5241 524113 MA N/A
- - Poultry and Egg Production 1123 112310 TX N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Nursing Care Facilities 6231 623110 GA N/A
- Utilities 2211 221122 OH N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Telecommunications 5418 541860 KS N/A
- - Home Health Care Services 6216 621610 NJ N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Construction 2361 236117 CA N/A
- -
Manufacturing
3254 325412 NY N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Extraction
3273 327390 VA N/A
- - Telecommunications 5171 517110 TX Foreign
Samsung
Chi Mei Innolux
Corp, Chunghwa
Picture Tubes Ltd,
Epson Imaging
Devices Corp,
Hannstar Display
Corp
Manufacturing
- -
Manufacturing
- - Collection Agencies 5614 561440 PA N/A
Bank of America Citi, JPMorgan Chase Finance & Insurance 5221 522110 CA Several
- -
Manufacturing
3241 324110 TX N/A
- -
Manufacturing
3254 325412 MO N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
Manufacturing
3345 334510 MN N/A
- - Finance & Insurance 5241 524114 FL N/A
- -
Manufacturing
3254 325412 NJ N/A
- -
4461 446110 IL N/A
- -
Manufacturing
3254 325412 IL N/A
- -
Manufacturing
3254 325412 IL N/A
- - Apparel Manufacturing 4482 448210 CA N/A
- - Construction 2361 236117 PA N/A
- -
Services
5416 541613 CA N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Finance & Insurance 5231 523120 NE N/A
Toshiba -
Manufacturing
- -
4242 424210 CA N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Finance & Insurance 5241 524113 OH N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 NY N/A
- - Tobacco Product Manufacturing 3122 312221 VA N/A
- -
Manufacturing
3254 325412 CA N/A
- -
4461 446110 NY N/A
- - Business Support Services 5614 561499 FL N/A
- -
Manufacturing
3254 325412 CA N/A
- - Publishing Industries 5111 511130 Foreign N/A
- -
Manufacturing
3254 325412 TX N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Tobacco Product Manufacturing 3122 312221 Several Several
- -
Manufacturing
3254 325412 CA N/A
- - Business Associations 8139 813910 MA N/A
- -
Manufacturing
3254 325412 Foreign N/A
- - Publishing Industries 5111 511130 Foreign N/A
- - Tobacco Product Manufacturing 3122 312221 Several Several
- - Cement Manufacturing 3273 327310 KS N/A
- -
Manufacturing
3241 324199 IL N/A
- -
Manufacturing
3254 325412 Foreign N/A
- -
Manufacturing
3254 325412 CA N/A
- -
Nonmetallic Mineral Mining and
Quarrying
327390 327390 VA N/A
- -
Manufacturing
3254 325412 TX N/A
- -
Manufacturing
3254 325412 NJ N/A
- - Finance & Insurance 5241 524113 MD N/A
Webloyalty - Business Support Services 5419 541990 CT N/A
- -
4461 446110 IL N/A
- -
Manufacturing
3254 325412 Foreign NJ
- -
Manufacturing
3254 325412 CA NJ
- -
Manufacturing
3254 325412 NJ N/A
- -
Scheduled Passenger Air
Transportation
481111 481111 AZ TX
- - Software Publishers 5112 511210 NY N/A
- - Finance & Insurance 5241 524113 SD N/A
- -
4461 446110 RI N/A
- - Finance & Insurance 5222 522292 GA N/A
T-Mobile - Telecommunications 5172 517210 GA KS; WA
- - Funeral Homes 8122 812210 TX N/A
Case Name Citation Final Action
Federal
Involvement
State
Opposition
Total Settlement
$ Amount
Total State
Recovery
Connecticut v. Leviton
Manufacturing Co.
Settlement - 1,045,750 1,045,750
NJ v. EPA 626 F.2d 1038 Remand Opposition AR, MO, GA, NM 0 0
Connecticut, et al. v. BL
Makepeace, Inc.
Settlement DOJ - 274,000 274,000
Environmental Defense Fund
v. Costle
657 F.2d 275 Affirmed Opposition - 0 0
CT and NJ v. EPA 656 F.2d 902 Denied Opposition NY 0 0
Settlement - 19,040,000 19,040,000
In re MidAtlantic Toyota
Antitrust Litigation
Settlement - 5,100,000 5,100,000
Sierra Club v. EPA 719 F.2d 436 Mixed Opposition - 0 0
NY v. Ruckelshaus
1984 U.S. Dist.
LEXIS 22953
Summary
judgment
Opposition - 0 0
Lieberman v. FTC 771 F.2d 32 Reversed Opposition - 0 0
Settlement - 157,000,000 0
Agreement - 0 0
Ohio v. EPA 798 F.2d 880 Remand Opposition NJ 0 0
In re Minolta Camera
Products Antitrust Litigation
Settlement - 7,000,000 7,000,000
Thomas v. NY 802 F.2d 1443 Reversed Opposition
Intervenors for EPA
(KY, OH, WV); Amici
for EPA (IN)
0 0
Settlement - 500,000 500,000
NRDC v. EPA 824 F.2d 1258 Vacated Opposition - 0 0
Settlement - 16,500,000 16,375,000
NRDC v. EPA 838 F.2d 1224 Remand Opposition
Intervenor for EPA
(OH); Amici for EPA
(MS, IN, GA)
0 0
Settlement - 0 0
NY v. EPA 852 F.2d 574 Denied Opposition - 0 0
Settlement - 22,090,000 22,090,000
New York et al. v. Matsushita
Electric Corp. of America
Settlement - 16,000,000 16,000,000
Settlement - 500,000 500,000
Enviro. Defense v. EPA 870 F.2d 892 Reversed Opposition - 0 0
Settlement - 200,000 200,000
Settlement - 175,000 175,000
Settlement - 315,000 315,000
Maine v. Thomas 874 F.2d 883 Affirmed Opposition - 0 0
Settlement FERC - 0 0
Settlement - 90,000 90,000
Settlement - 90,000 90,000
Settlement Opposition - 0 0
Settlement FTC; FDA - 750,000 750,000
Settlement - 135,000 135,000
Settlement - 0 0
NRDC v. EPA 902 F.2d 962 Dismissed Opposition - 0 0
Settlement - 0 0
Settlement - 21,000 21,000
Settlement FTC - 100,000 100,000
Settlement - 30,000 30,000
Her Majesty the Queen v.
EPA
912 F.2d 1525 Denied Opposition - 0 0
Settlement - 212,000,000 0
Settlement - 0 0
Settlement - 2,100,000 2,100,000
Settlement - 70,000 70,000
Settlement ! 15,000,000 15,000,000
Maryland et al v. Mitsubishi
Electronics America
Settlement - 7,950,000 7,950,000
New York v. Nintendo of
America
Settlement - 29,750,000 29,750,000
Settlement - 0 0
Settlement - 150,000 150,000
Settlement - 50,000 50,000
Settlement - 75,000 75,000
Settlement - 3,729,000 3,729,000
Settlement - 180,000 180,000
Settlement - 50,000 50,000
Settlement - 0 0
Settlement - 125,000 125,000
Settlement - 9,900,000 9,900,000
Settlement - 100,525,000 525,000
Settlement - 30,000 30,000
Settlement - 45,000 45,000
In re Coordinated Pretrial
Proceedings in Petroleum
Products Antitrust Litigation
Settlement - 63,000,000 63,000,000
American Lung Association v.
Reilly
Settlement - 0 0
Settlement - 150,000 150,000
NY v. EPA 969 F.2d 1147 Mixed Opposition - 0 0
Settlement - 15,000,000 15,000,000
In re Clozapine Antitrust
Litigation
Settlement - 21,000,000 21,000,000
Settlement - 33,000 33,000
Settlement - 220,000 220,000
Settlement - 165,000 165,000
Settlement - 50,000 0
Settlement EPA - 29,000,000 0
Settlement DOJ - 110,500,000 10,500,000
Settlement - 3,000 3,000
Settlement - 65,600,000 65,600,000
Settlement - 150,000,000 150,000,000
Settlement - 550,000 550,000
Settlement - 100,000 100,000
Settlement DOJ; EPA - 30,000,000 30,000,000
Settlement - 400,000 400,000
Settlement - 132,000 132,000
New York v.
TeleCommunications Inc.
Settlement - 4,800,000 4,800,000
Settlement - 600,000 600,000
Agreement - 0 0
Settlement - 800,000 800,000
OH v. EPA 997 F.2d 1520 Mixed Opposition - 0 0
Settlement - 280,000 280,000
In the Matter of the
Complaint of Nautilus Motor
Tanker
Settlement NOAA - 4,000,000 3,300,000
Settlement - 50,000 50,000
New York v. Keds Corporation Settlement FTC - 7,200,000 7,200,000
Settlement - 7,500,000 7,500,000
Agreement - 0 0
Settlement - 135,000 135,000
Settlement - 250,000 250,000
Settlement - 605,000 605,000
Settlement - 700,000 700,000
Settlement DOJ - 373,500,000 16,300,000
Settlement - 675,000 675,000
Settlement - 130,000 130,000
Settlement - 490,000 490,000
Settlement - 100,000 100,000
In Re: Insurance Antitrust
Litigation
Settlement - 36,000,000 36,000,000
Colorado, et al. v. Airline
Tariff Pub. Co.
Settlement - 41,750,000 41,750,000
U.S. Florida, and Maryland v.
BrowningFerris Industries
Settlement EPA; DOJ - 205,000,000 3,000,000
New York, et al., v. Reebok
International, Ltd
Settlement FTC - 9,500,000 9,500,000
Settlement - 150,000 150,000
Settlement DOJ - 161,000,000 44,500,000
Settlement - 1,960,000 1,960,000
Settlement - 960,000 960,000
In the Matter of Schnucks
Markets, Inc.
Settlement - 1,860,000 1,855,000
U.S. and Seven States v.
Thomson Corp.
Settlement DOJ - 0 0
Settlement - 1,200,000 1,200,000
Connecticut v. Koninklijke
Ahold NV
Settlement - 185,000 185,000
In re NASDAQ MarketMakers
Antitrust Investigation
Litigation
Settlement DOJ - 1,027,000,000 0
Settlement FDA; FTC - 515,000 515,000
Settlement - 455,000 455,000
U.S., Texas, and Pennsylvania
v. USA Waste Services, Inc.
Settlement - 110,000 110,000
Settlement - 1,540,000 1,540,000
Settlement - 925,000 925,000
Settlement - 380,000 380,000
Settlement - 465,000 465,000
Settlement - 0 0
Settlement - 1,960,000 1,960,000
Settlement DOJ - 187,000,000 8,600,000
Settlement FTC - 1,000,000 1,000,000
Settlement - 132,000 132,000
Settlement - 0 0
Settlement - 857,500 857,500
Settlement - 225,000 225,000
Agreement - 0 0
Missouri v. American
Cyanamid Co.
Settlement - 7,300,000 7,300,000
Settlement - 250,000 250,000
Oregon, et al. v. Mulkey Settlement DOJ - 90,874 90,874
Settlement DOJ - 35,500,000 35,500,000
VA v. EPA 108 F.3d 1397 Vacated Opposition
Intervenors for EPA
(NY, CT, RI, VT)
0 0
Settlement - 0 0
Settlement - 90,000 90,000
U.S. v. Cargill Inc.; Nixon et
al., v. Cargill, Inc.
In re Disposable Contact Lens
Settlement - 5,000,000 5,000,000
Settlement - 20,000 20,000
Settlement FTC - 165,000,000 165,000,000
Settlement - 15,000 15,000
Texas v. Zeneca Settlement - 3,900,000 3,900,000
Settlement - 300,000 300,000
Settlement - 1,700,000 1,700,000
Settlement - 180,000 180,000
Settlement - 170,000 170,000
Settlement - 482,500 482,500
Agreement - 0 0
Settlement - 275,000 275,000
Northern States Power
Company v. U.S. Department
of Energy
128 F.3d 754 Granted Opposition - 0 0
Washington v. Texaco, Inc. Settlement FTC - 337,500 337,500
Settlement - 225,000 225,000
Settlement - 150,000 150,000
NY v. EPA 133 F.3d 987 Denied Opposition
Intervenors for EPA
(IL, IN, MI, WI)
0 0
Settlement - 812,000 812,000
Settlement DOJ - 14,400,000 14,400,000
CT v. Browner Settlement Opposition - 0 0
Settlement - 1,250,000 1,250,000
Settlement - 40,000 40,000
U.S. v. Sony Corporation of
America
OH v. EPA
1998 U.S. App.
LEXIS 10658
Dismissed Opposition
Intervenors for EPA
(NH, MA, NY, ME, PA)
0 0
Settlement DOJ - 6,800,000 6,800,000
Settlement - 550,000 550,000
Settlement - 2,600,000 2,600,000
Settlement - 0 0
Settlement - 0 0
Settlement FTC - 87,500,000 87,500,000
Settlement - 125,000 125,000
Settlement - 0 0
KY v. EPA
1998 U.S. App.
LEXIS 21686
Denied Opposition - 0 0
Settlement - 1,000,000 1,000,000
Settlement - 500,000 500,000
Settlement FTC - 22,000,000 22,000,000
Settlement - 11,700,000 11,700,000
Settlement - 206,000,000,000 150,000,000
Settlement - 1,000,000 1,000,000
Settlement - 2,500,000 2,500,000
In the Matter of the British
Petroleum Company and
Amoco Corp.
Settlement FTC - 0 0
U.S., New York, Pennsylvania,
and Florida v. Waste
Management, Inc.
Settlement - 525,000 525,000
Settlement - 3,000,000 3,000,000
Settlement - 1,500,000 1,500,000
U.S. Illinois, and Missouri v.
Allied Waste Industries, Inc.
American Trucking v. EPA 175 F.3d 1027 Vacated Opposition
Intervenors for EPA
(MA, NJ, CT, NH, VT)
0 0
In Re: Toys 'R' Us Antitrust
Litigation
Settlement - 55,989,150 55,989,150
Settlement - 4,020,000 4,020,000
Settlement - 25,000 25,000
Settlement - 41,800,000 41,800,000
Settlement FTC - 5,250,000 1,200,000
Settlement - 1,320,000 1,320,000
Settlement FTC; FDA - 30,000 30,000
Settlement - 720,000 720,000
MI v. EPA 213 F.3d 663 Mixed Opposition
Intervenors for EPA
(NY, MA, PA, RI, VT,
MD, CT, ME, NH)
0 0
Settlement FTC - 34,000,000 34,000,000
Settlement Treasury; HUD - 0 0
Settlement - 250,000 250,000
Settlement - 35,300,000 35,300,000
Settlement FTC - 1,208,112 1,208,112
Settlement FTC - 40,000,000 0
Settlement - 1,200,000 1,200,000
In re Lorazepam &
Clorazepate Antitrust
Litigation
Settlement FTC - 108,000,000 108,000,000
Settlement DOJ - 15,500,000 12,500,000
Settlement - 65,000 65,000
Settlement - 18,300,000 18,300,000
Settlement - 8,100,000 8,100,000
Settlement - 2,000,000 2,000,000
Settlement FTC - 2,800,000 2,800,000
Settlement - 255,000,000 255,000,000
Settlement - 0 0
Settlement - 100,000 100,000
Settlement DOJ; HHS - 840,000,000 13,600,000
Settlement - 100,000 100,000
Settlement DOJ - 14,000,000 6,200,000
Settlement - 0
Settlement - 150,000 150,000
Settlement - 17,500,000 17,500,000
Settlement - 8,200,000 8,200,000
Settlement FTC - 5,000,000 5,000,000
Settlement
FTC; USPS; US
Attorney (MN)
- 0 0
Settlement EPA - 275,300,000 100,000
Appalachian Power v. EPA 249 F.3d 1032 Mixed Opposition
Intervenors (MA, NY,
CT, NH, VT, RI); Amici
(NJ)
0 0
Settlement - 60,000,000 60,000,000
Appalachian Power v. EPA 251 F.3d 1026 Mixed Opposition PA 0 0
Settlement - 34,000,000 34,000,000
Settlement - 0
Settlement DOJ - 4,000,000 2,000,000
Settlement FTC - 1,410,882 1,410,882
Settlement - 700,000 700,000
Settlement DOJ - 875,000,000 56,700,000
Settlement FTC - 9,000,000 9,000,000
Settlement DOJ - 0
Settlement - 51,500,000 51,500,000
Settlement - 0 0
Massachusetts v. Suiza Foods
Corp
Settlement - 300,000 300,000
Settlement - 150,000 150,000
Settlement - 0 0
Settlement - 105,044 105,044
Settlement - 320,000 320,000
Settlement - 1,500,000 1,500,000
Settlement - 1,600,000 1,600,000
Settlement FTC - 60,000,000 60,000,000
American Trucking v. EPA 283 F.3d 355 Dismissed Opposition
Intervenors for EPA
(MA, NJ); Amicus for
EPA (NY, CT, NH, VT)
0 0
Settlement - 204,000,000 0
National Petrochemical v.
EPA
American Corn Growers
Association v. EPA
291 F.3d 1
Vacated (in
part)
Opposition
Intervenor against
EPA (MI); Amici for
EPA (UT)
0 0
Settlement DOJ ! 9,000,000 3,130,000
Settlement DOJ - 17,000,000 820,000
Settlement - 160,000 160,000
Settlement - 100,000 100,000
Settlement FTC - 3,000,000 3,000,000
Settlement - 450,000 450,000
Settlement - 125,000 125,000
Settlement - 0 0
Settlement - 7,654,000 7,654,000
Settlement - 400,000 400,000
Settlement - 143,100,000 67,400,000
Settlement - 494,000,000 494,000,000
Settlement - 2,200,000 2,200,000
Settlement - 49,000,000 21,084,700
Settlement - 417,000,000 0
U.S. et al. v. EchoStar
Communications
Merger
Abandoned
DOJ - 0 0
Settlement - 51,500,000 51,500,000
Settlement - 50,000 50,000
Settlement - 1,300,000 1,300,000
Settlement - 6,000,000 6,000,000
Settlement - 1,100,000 1,100,000
Settlement - 80,000,000 80,000,000
Ohio, et al, v. BristolMyers
Squibb Co.
Settlement - 93,000,000 93,000,000
Natural Gas Antitrust Cases Settlement - 1,700,000,000 0
Court Order - 0 0
Settlement DOJ - 257,600,000 109,000,000
Settlement DOJ - 87,600,922 39,420,414
Settlement
EPA; National
Park Service
- 1,200,000,000 13,900,000
In re: Buspirone Antitrust
Litigation
Settlement - 55,000,000 55,000,000
Sierra Club v. EPA 325 F.3d 374 Mixed Opposition 0 0
Sierra Club v. EPA 356 F.3d 296 Vacated Opposition - 0 0
Settlement - 3,300,000 3,300,000
Agreement - 0 0
Settlement - 5,000,000 5,000,000
Settlement FTC - 25,000,000 25,000,000
Settlement - 160,000,000 0
Settlement - 355,000,000 11,000,000
Settlement DOJ - 414,000,000 49,600,000
Settlement - 437,500 437,500
Settlement DOJ - 0
Settlement EPA - 282,500,000 4,000,000
Settlement - 0 0
U.S. v. First Data Corporation
and Concord EFS, Inc.
Settlement - 0 0
WV v. EPA 362 F.3d 861 Dismissed Opposition
Intervenors for EPA
(MA, NY, CT, ME, MD,
NH, NJ, PA, RI, VT)
0 0
Settlement - 29,300,000 29,300,000
Settlement DOJ - 430,000,000 152,000,000
Settlement - 38,000,000 38,000,000
Settlement - 2,000,000 1,900,000
Settlement - 5,800,000 1,000,000
Settlement DOJ - 7,000,000 1,400,000
United States ex rel. Marion
Tucker Altman, Jr. v. WalMart
Settlement DOJ - 2,866,904 1,400,000
Sierra Club v. EPA 375 F.3d 537 Dismissed Opposition - 0 0
Settlement EPA; DOJ - 1,100,000,000 0
Settlement FERC - 207,500,000 0
Settlement - 0 0
Settlement DOJ - 346,000,000 140,700,000
Settlement FTC - 7,520,000 1,500,000
Missouri, et al vs. Arch Coal,
Inc and New Vulcan Coal
Holdings, and Triton Coal
Company
Injunction
Denied
FTC - 0 0
Settlement - 250,000 250,000
U.S. and Texas, et. al v. Oracle
Corporation
Injunction
Denied
DOJ - 0 0
Settlement EPA - 328,600,000 5,000,000
Settlement - 1,460,000 1,460,000
Judgment DOJ - 51,000,000 0
Texas et al. v. Organon Settlement - - 36,000,000 36,000,000
Settlement DOJ; FCC - 35,000 35,000
Settlement - 0 0
Settlement - 0 0
Washington v. Daicel
Chemical Industries
Settlement - 1,350,000 1,350,000
Settlement - 41,000,000 41,000,000
Settlement - 300,000 300,000
Settlement - 285,000 285,000
Settlement EPA; DOJ - 525,000,000 10,000,000
Settlement - 10,000,000 10,000,000
Settlement - 925,000 925,000
Settlement - 190,000,000 190,000,000
Settlement - 30,700,000 30,700,000
Settlement ATF - 0 0
Settlement EPA; DOJ - 1,100,000,000 10,000,000
Settlement - 630,000 630,000
Settlement - 51,000,000 51,000,000
Settlement - 2,890,000 2,890,000
Settlement - 24,000,000 24,000,000
Settlement - 0 0
NY v. EPA 413 F.3d 3
Partially Upheld;
Partially
Remanded
Opposition
Amici for EPA (FL);
Intervenors for EPA
(VA, AL, IN, KS, ND,
NE, SC, SD, UT)
Mixed 0
Settlement FERC - 1,530,000,000 0
Settlement - 375,000 375,000
Settlement - 872,000 872,000
Settlement FERC - 512,000,000 0
Settlement - 0 0
Settlement EPA - 135,100,000 3,500,000
Settlement DOJ - 150,800,000 10,000,000
Settlement - 37,500,000 37,500,000
Settlement - 331,000,000 331,000,000
Settlement - 1,000,000 1,000,000
Settlement DOJ - 704,000,000 262,000,000
Settlement EPA - 18,400,000 9,700,000
Settlement - 1,590,000 1,590,000
Settlement - 50,000 50,000
Settlement DOJ - 124,000,000 55,463,161
Settlement - 8,600,000 8,600,000
Settlement - 0 0
Settlement - 0 0
Settlement - 5,000,000 5,000,000
Settlement - 325,000,000 325,000,000
Settlement - 400,000 400,000
Settlement - 0 0
Settlement - 6,000,000 6,000,000
Settlement - 2,500,000 2,500,000
Settlement - 250,000 250,000
NY v. EPA 443 F.3d 880 Vacated Opposition
Intervenors (VA, AL,
AK, AR, SD, UT, WY,
KS, MO, NE, ND);
Amici (OH, SC, IN)
0 0
Settlement - 0 0
Settlement - 324,700,000 301,800,000
Settlement - 8,800,000 8,800,000
Maryland v. SmithKline
Beecham Corp
Settlement - 14,000,000 14,000,000
Settlement - 3,500,000 3,500,000
Settlement - 535,000 535,000
Settlement - 0 0
Settlement - 80,000,000 80,000,000
Settlement - 20,000,000 20,000,000
Settlement - 100,000 100,000
Settlement - 0 0
Connecticut, Illinois & New
York v. St. Paul Travelers
Settlement - 77,000,000 77,000,000
Settlement - 70,000,000 70,000,000
Settlement - 15,300,000 15,300,000
Settlement DOJ - 435,000,000 91,602,000
Settlement - 100,000 100,000
Settlement - 1,700,000 1,700,000
Settlement - 0
Settlement - 0 0
Settlement - 2,150,000 2,150,000
Settlement DOJ - 25,100,000 12,550,000
Settlement - 0 0
New York v. Bodman Settlement Opposition - 0 0
Settlement DOJ - 49,500,000 24,750,000
Settlement - 14,500,000 14,500,000
Settlement - 4,810,000 4,810,000
Settlement - 500,000 500,000
Settlement - 4,250,000 4,250,000
Settlement - 55,400,000 0
Settlement - 17,000,000 17,000,000
Settlement - 8,000,000 8,000,000
Settlement - 150,000 150,000
Settlement - 950,000 950,000
Settlement - 90,000,000 90,000,000
MA v. EPA 549 U.S. 497 Reversed Opposition
Amici for EPA (MI, TX,
ID, ND, UT, SD, AK,
KS, NE, OH)
0 0
Settlement - 88,000 88,000
Agreement - 0 0
Settlement DOJ - 9,800,000 4,000,000
Settlement - 19,500,000 19,500,000
Settlement FDA - 634,500,000 80,000,000
Agreement - 0 0
Settlement - 0 0
Maryland v. RiteAid Corp. Settlement - 0 0
South Coast Air Quality
Management District v. EPA
489 F.3d 1245 Vacated Opposition - 0 0
Settlement - 5,500,000 5,500,000
Settlement - 500,000 500,000
Settlement - 3,000,000 3,000,000
Settlement DOJ; EPA - 70,125,000 0
Settlement - 115,000,000 115,000,000
Settlement - 16,750,000 16,750,000
Settlement - 1,100,000 1,100,000
New York and Connecticut v.
American Electric Power
Settlement DOJ; EPA - 4,675,000,000 24,000,000
Settlement - 325,000 325,000
Texas v. ACE Holdings, Inc. Settlement - 4,500,000 4,500,000
Settlement - 0 0
Agreement - 0 0
Florida, et al v. Travelers
Companies, Inc.
Settlement - 6,000,000 6,000,000
Agreement - 0 0
Texas et al v. American
International Group Inc.
Settlement - 13,000,000 13,000,000
Settlement DOJ - 671,000,000 290,000,000
NJ v. EPA 517 F.3d 574 Vacated Opposition
Intervenors (AL, ND,
IN, SD, WV, NE, WY)
0 0
Settlement DOJ - 22,700,000 10,220,000
Settlement - 41,000,000 41,000,000
Settlement - 455,000 455,000
Settlement - 6,000,000 6,000,000
Settlement - 400,000 400,000
Settlement DOJ - 37,400,000 16,400,000
Settlement - 750,000 750,000
Settlement - 7,200,000 7,200,000
Agreement - 0 0
Settlement - 58,000,000 58,000,000
Settlement - 9,500,000 9,500,000
Settlement DOJ - 35,000,000 16,400,000
Settlement EPA - 4,300,000 201,000
Settlement - 1,500,000 1,500,000
Settlement - 200,000 200,000
Settlement - 1,200,000 1,200,000
Settlement - - 515,000,000 187,000,000
Agreement - 0 0
NW Environmental Advocates
v. EPA
537 F.3d 1006 Affirmed Opposition - 0 0
Center for Biological Diversity
v. NHTSA
538 F.3d 1172
Reversed and
Remanded
Opposition - 0 0
Settlement - 60,000 60,000
Settlement DOJ - 375,000,000 116,000,000
Settlement DOJ - 9,900,000 4,950,000
Settlement - 8,700,000,000 220,000,000
Settlement - 62,000,000 62,000,000
Agreement - 0 0
Settlement - 60,000,000 60,000,000
Settlement - 200,000 200,000
Agreement - 0 0
Settlement FTC - 6,000,000 6,000,000
U.S. and Plaintiff States v.
Republic Services
Settlement - 675,000 675,000
Settlement - 7,000,000 7,000,000
Settlement - 12,000,000 12,000,000
Settlement - 550,000 550,000
Settlement - 1,100,000 1,100,000
In re Marsh & McLennan Settlement - 7,000,000 7,000,000
Settlement - 0
Settlement - 490,000 490,000
Settlement - 3,850,000 3,850,000
Settlement - 800,000,000 361,828,456
Portland Cement Association
v. EPA
No. 071046 Settlement Opposition - 0 0
Settlement - 20,000,000 0
Merger
Abandoned
DOJ - 0 0
Settlement EPA - 128,300,000 0
American Farm Bureau
Federation v. EPA
559 F.3d 512 Remand to EPA Opposition - 0 0
Settlement - 650,000 650,000
Entergy Corp. v. Riverkeeper 129 S.Ct. 1498
Reversed Lower
Court
Opposition NE (amici) 0 0
Catskill Mts. Chapter of Trout
Unlimited, Inc. v. EPA
630 F. Supp.
2d 295
Stayed Opposition - 0 0
Agreement - 0 0
Settlement
FTC (Operation
False Charity)
- 200,000 200,000
Settlement DOJ - 95,500,000 40,000,000
Settlement - 375,000 375,000
Settlement - 9,750,000 9,750,000
Catawba County, NC v. EPA 571 F.3d 20
Regulations
Upheld
Opposition - 0 0
NRDC v. EPA 571 F.3d 1245 Remanded Opposition - 0 0
Settlement - 5,400,000 5,400,000
Settlement - 5,900,000 5,900,000
US, et al v. Aleris
International
Settlement EPA - 8,800,000 2,004,659
Settlement - 12,400,000 12,400,000
California v. U.S. Department
of Agriculture
Reversed Rule Opposition
Amici for USDA (AK,
ID, WY)
0 0
Settlement DOJ - 1,000,000,000 331,000,000
NY v. EPA
2009 U.S. App.
LEXIS 20050
Remand to EPA
(voluntary)
Opposition - 0 0
Settlement - 33,000,000 33,000,000
Settlement DOJ - 124,000,000 52,524,389
Settlement - 112,825,000 112,825,000
Settlement DOJ - 98,000,000 43,500,000
Settlement - 3,000,000 3,000,000
U.S., Missouri and Nebraska
v. Stericycle, Inc.
In re Vitamins Antitrust
Litigation
Settlement - 25,030,000 25,030,000
Settlement
EPA; DOJ;
Interior;
Agriculture
- 1,790,000,000 0
U.S. v. Cinergy Settlement EPA - 93,000,000 1,000,000
Settlement - 22,500,000 22,500,000
Settlement 24,000,000 9,714,355
Settlement - 5,070,000 1,690,000
Settlement 3,000,000 3,000,000
Settlement EPA - 2,250,000 1,100,000
Settlement DOJ 0 0
Settlement - 94,000,000 21,000,000
Settlement FTC 22,000,000 22,000,000
Settlement - 0 0
Settlement FTC - 12,000,000 1,000,000
Settlement 22,000,000 22,000,000
Settlement DOJ - 42,500,000 8,900,000
Settlement EPA - 3,500,000 1,000,000
Settlement 100,000 100,000
Settlement DOJ; EPA 1,000,000 336,000
Settlement DOJ - 520,000,000 218,100,000
Settlement DOJ 81,000,000 24,681,000
Settlement DOJ - 22,000,000 9,756,164
Settlement DOJ - 72,500,000 29,000,000
Settlement DOJ 0 0
Settlement DOJ - 173,000,000
Settlement DOJ - 169,000,000 69,000,000
Agreement 0 0
Settlement DOJ 36,900,000 6,700,000
Settlement DOJ; HHS 614,650,000 14,750,000
Agreement - 0 0
Settlement FTC 625,000 625,000
Settlement 3,500,000 3,500,000
Settlement DOJ 313,000,000 60,000,000
Settlement 21,000,000 21,000,000
Settlement EPA 144,500,000 400,000
Settlement 422,500,000 88,258,694
Settlement DOJ 0 0
Settlement - 24,000,000 24,000,000
Settlement 773,000,000 0
Settlement DOJ 750,000,000 348,000,000
Settlement 3,300,000 3,300,000
Settlement 4,500,000 4,500,000
Settlement - 22,500,000 22,500,000
Settlement DOJ - 16,300,000 2,200,000
Settlement Several - 270,000,000 0
Settlement DOJ; EPA - 925,000 193,664
Settlement
DOJ; SEC; IRS;
Federal Reserve;
Comptroller of
Currency
137,000,000 67,000,000
Settlement DOJ 44,000,000 4,454,432
Settlement - 13,250,000 13,250,000
Settlement DOJ 203,000,000 43,000,000
Settlement FTC - 21,000,000 21,000,000
Settlement DOJ 11,000,000 4,658,249
NY v. EPA Settlement Opposition 0 0
American Petroleum Institute
v. EPA
Settlement Opposition 0 0
Settlement 0 0
Settlement DOJ 0 0
Settlement EPA 4,000,000 2,000,000
Voluntarily
Dismissed
Opposition 0 0
Settlement 68,500,000 68,500,000
Settlement 150,000 150,000
Settlement DOJ 0 0
Settlement Opposition 10,000,000 2,000,000
Settlement DOJ 17,500,000 9,000,000
Settlement EPA; DOJ 625,000 300,000
Settlement DOJ; SEC; IRS 90,800,000 90,800,000
Settlement DOJ 44,300,000 9,700,000
Settlement 0 0
Settlement 225,000 225,000
Settlement 3,000,000 3,000,000
Settlement EPA; DOJ 1,900,000
Settlement DOJ 34,390,000
Settlement 14,000,000 14,000,000
American Electric Power v.
Connecticut
Verdict Opposition
IN, AL, AK, AZ, AR, CO,
FL, GA, ID, KS, KY, LA,
MO, NE, ND, OH, OK,
PA, SC, SD, UT, WV,
WY - Amici
0 0
Settlement 2,845,000 2,845,000
Settlement FDA 40,750,000 40,750,000
Settlement DOJ 25,000,000 3,574,209
Settlement SEC; IRS 211,000,000 75,000,000
Settlement 250,000 250,000
Settlement 154,000,000 154,000,000
Order FTC 0 0
Settlement
DOJ; FBI; Dept of
Health and
Human Services;
Dept of Vet
Affairs
150,000,000
Settlement 70,000,000 70,000,000
Settlement EPA 625,000
Settlement DOJ 14,500,000 2,621,154
Settlement DOJ 950,000,000 202,000,000
Settlement EPA 8,000,000
Merger
Abandoned
DOJ 0 0
Settlement 538,000,000 37,000,000
Settlement 3,450,000
Settlement 17,000,000 17,000,000
Settlement 575,000 575,000
Settlement
DOJ; other
federal agencies
25,000,000,000 4,250,000,000
Settlement
EPA; DOJ; US
Coast Guard
90,000,000 25,000,000
Settlement 17,000,000 17,000,000
Settlement DOJ 11,000,000 5,000,000
Settlement DOJ 23,500,000 844,800
Settlement DOJ 615,000,000 201,975,000
Settlement DOJ 7,900,000 643,230
Settlement 40,000,000 40,000,000
Settlement DOJ 100,000,000 100,000,000
Settlement DOJ 1,600,000,000 239,148,643
Settlement FTC 45,000,000 5,000,000
Court Order Opposition 0 0
New York v. EPA Agreement Opposition - 0 0
Settlement EPA 741,000 39,053
Settlement 2,500,000 2,500,000
Coalition for Responsible
Regulation v. EPA
Denied Opposition
MA, CA, DE, CT, IL, IA,
MD, NH, ME, MN,
NM, NY, OR, WA, RI,
VT, NC
0 0
NFIB v. Sebelius
Affirmed in Part
and Reversed in
Part
Opposition 0 0
Settlement DOJ 3,000,000,000 210,000,000
Settlement
Settlement 571,000,000 27,500,000
Nebraska v. HHS Dismissed Opposition 0 0
Settlement 13,000,000 13,000,000
Settlement 151,000,000 151,000,000
Settlement 10,000,000 10,000,000
Settlement 69,000,000 69,000,000
Settlement 181,000,000 181,000,000
Settlement
Settlement
Settlement DOJ 95,000,000 34,468,649
Settlement 90,000,000 90,000,000
Settlement 42,900,000 42,900,000
Settlement
Settlement DOJ 762,000,000 24,800,000
Settlement 127,000,000 127,000,000
Settlement 29,000,000 29,000,000
Settlement 26,000,000 26,000,000
Settlement 8,500,000 6,000,000
Settlement 7,000,000 7,000,000
Settlement
Settlement DOJ 24,900,000 7,095,789
Settlement
Settlement DOJ 500,000,000 266,729,715
Settlement 1,000,000 1,000,000
Settlement 75,000,000 75,000,000
Settlement
Settlement
Settlement EPA 1,995,000 725,000
Settlement DOJ 3,500,000 327,000
Settlement DOJ 33,500,000 390,254
Settlement EPA 1,500,000
Settlement DOJ 490,900,000 27,287,404
Settlement Opposition 0 0
Settlement DOJ 617,000
Settlement 4,580,000 4,580,000
Settlement 30,000,000 30,000,000
Settlement 15,000,000 15,000,000
Settlement DOJ 1,200,000,000 524,000,000
Settlement DOJ 0 0
Settlement 11,000,000 11,000,000
Settlement 17,000,000 17,000,000
Settlement DOJ 13,000,000,000 1,067,000,000
Settlement 4,000,000 4,000,000
Settlement 3,300,000 3,300,000
Settlement 4,250,000 4,250,000
Settlement 12,600,000 12,600,000
Settlement 9,300,000 9,300,000
Settlement DOJ 2,100,000,000
Agreement 0 0
Settlement 337,500 337,500
Inflation
Multiplier
(2014)
Adjusted Total
Settlement
Amount
(2014 Dollars)
Adjusted State
Recovery
(2014 Dollars)
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Lead
State
Participating
States
2.89 3,022,218 3,022,218 CT NJ CT IL LA
2.89 0 0 NJ NJ MA NY
2.62 717,880 717,880 CT ME MA NH RI VT CT ME MA
2.62 0 0 CO AZ NM
2.62 0 0 CT NJ CT NJ
2.39 45,505,600 45,505,600 IA MN IA MN
2.39 12,189,000 12,189,000 MD DE DC MD
2.39 0 0 MA NY RI
2.29 0 0 NY NY PA ME
2.21 0 0 CT MN RI PA CT MN RI
2.21 346,970,000 0 MA AL AK AZ
2.17 0 0 TX CA TX CA LA
2.17 0 0 - OH MA PA
2.17 15,190,000 15,190,000 MD NY PA AL AK AZ
2.17 0 0 NY NY ME NJ
2.09 1,045,000 1,045,000 WA TX MA WA NY IA
2.09 0 0 ME VT ME VT MN
2.09 34,485,000 34,223,750 CT IA MA MI MN MO NY NC TX WV AL AK AZ
2.01 0 0 - MA ME NY
2.01 0 0 MA MA ME NH
2.01 0 0 NY PA NY MA
2.01 44,400,900 44,400,900 - -
1.92 30,720,000 30,720,000 NY MD AL AK AZ
1.92 960,000 960,000 ME ME NH VT
1.92 0 0 - NY CT NH
1.92 384,000 384,000 - CA MA MN
1.92 336,000 336,000 KS CA IA KS
1.92 604,800 604,800 MN WI CA IL
1.92 0 0 ME ME VT NY
1.92 0 0 - AR MS LA
1.92 172,800 172,800 - WI CA IL
1.92 172,800 172,800 - CA IL IA
1.82 0 0 PA PA MA NY
1.82 1,365,000 1,365,000 - CA CO FL
1.82 245,700 245,700 - CA FL IL
1.82 0 0 - WI CA IL
1.82 0 0 - NY MA VT
1.82 0 0 NY NY AZ CA
1.82 38,220 38,220 MN IA WI MN
1.82 182,000 182,000 - CA FL IL
1.82 54,600 54,600 - NY CA TX
1.82 0 0 - NY MN VT
1.82 385,840,000 0 KS MO KS MO
1.82 0 0 - CA FL MA
1.75 3,675,000 3,675,000 NY PA CT IL
1.75 122,500 122,500 TX TX CA FL
1.75 26,250,000 26,250,000 NY NJ NY NJ
1.75 13,912,500 13,912,500 MD NY AL AK AZ
1.75 52,062,500 52,062,500 MD NY AL AK AZ
1.75 0 0 NY AL AR AZ
1.75 262,500 262,500 NY WI CA MA
1.75 87,500 87,500 TX CA FL MA
1.75 131,250 131,250 - NY CA FL
1.75 6,525,750 6,525,750 - DE RI CT
1.75 315,000 315,000 IA MN IA CA
1.75 87,500 87,500 - NY CA FL
1.75 0 0 NY NY CA FL
1.75 525,000 525,000 TX NY TX AL AR
1.70 212,500 212,500 OH PA MI IL FL PA OH MI
1.70 16,830,000 16,830,000 OR CA AZ CA WA OR
1.70 170,892,500 892,500 NY NY CA CT
1.70 51,000 51,000 NY TX NY TX
1.70 76,500 76,500 MN MN CA FL
1.70 107,100,000 107,100,000 OR CA AZ CA WA OR
1.70 0 0 NY NY CT MA
1.70 0 0 MO KS NJ TN AL AK AZ
1.70 255,000 255,000 - AL AR CA
1.70 0 0 NY FL NY FL
1.70 25,500,000 25,500,000 CA NJ -
1.70 35,700,000 35,700,000 CA CT MA MN NJ NY WA VA AL AZ CA
1.70 56,100 56,100 - PA CA CT
1.70 374,000 374,000 - AL AR CA
1.70 280,500 280,500 NY CA TN AL AZ CA
1.70 85,000 0 OR OR
1.70 49,300,000 0 - IA WI
1.70 187,850,000 17,850,000 - -
1.70 5,100 5,100 MN WI MN WI
1.65 108,240,000 108,240,000 CA AZ OR CA WA OR
1.65 247,500,000 247,500,000 - NY TX AL
1.65 907,500 907,500 MN MN CA AZ
1.65 165,000 165,000 NY MN NY CA
1.65 49,500,000 49,500,000 AZ AZ CA CO
1.65 660,000 660,000 - FL CT IL
1.65 217,800 217,800 - AZ CA IA
1.65 7,920,000 7,920,000 NY PA MD OH TX CA MA AL AZ AR
1.65 990,000 990,000 MN MN AZ CA
1.65 0 0 TX NY TX NY
1.65 1,320,000 1,320,000 NY NY AZ CA
1.65 0 0 - PA CA CO
1.65 462,000 462,000 OR WA OR WA
1.65 6,600,000 5,445,000 NY NY NJ
1.65 82,500 82,500 - IA MN MO
1.65 11,880,000 11,880,000 NY DC AL AK
1.65 12,375,000 12,375,000 MA ME MA NY
1.65 0 0 NY NY VT CT
1.65 222,750 222,750 FL MA MN NY TN TX WA WI WA FL MA
1.60 400,000 400,000 - CA CT MA
1.60 968,000 968,000 MN MN AZ CT
1.60 1,120,000 1,120,000 NY MN TX NY MN TX
1.60 597,600,000 26,080,000 - -
1.60 1,080,000 1,080,000 MN MN AZ IA
1.60 208,000 208,000 - CA CT FL
1.60 784,000 784,000 MN MN CA MO
1.60 160,000 160,000 ID MN NY TX ID MN NY
1.60 57,600,000 57,600,000 CA MD NY AL AK AZ
1.60 66,800,000 66,800,000 FL NY OH DC PR VI
1.60 160,000 160,000 FL MD FL MD
1.56 319,800,000 4,680,000 - WI MI
1.56 14,820,000 14,820,000 NY DC PR VI
1.56 234,000 234,000 - KY WA MI
1.56 251,160,000 69,420,000 WA NY MN OH DC AL AK
1.56 3,057,600 3,057,600 MN MN AZ CA
1.52 1,459,200 1,459,200 MA MA CT RI
1.52 121,600 121,600 MO MO IL
1.52 2,827,200 2,819,600 OR WA OR WA
1.52 486,400 486,400 - IL PA TX
1.52 0 0 CA CA CT IL
1.52 1,824,000 1,824,000 - MO MD AZ
1.52 207,801 207,801 CT CT MA RI
1.52 281,200 281,200 IL IL HI ID
1.52 1,561,040,000 0 CA FL WA CA FL WA
1.52 782,800 782,800 MN TX AZ CA CT
1.52 691,600 691,600 TX FL FL TX AL
1.52 0 0 PA TX PA TX
1.52 167,200 167,200 - CA FL MA
1.52 2,340,800 2,340,800 IL FL FL IL AZ
1.52 1,406,000 1,406,000 TX TX AR CA
1.52 577,600 577,600 - AZ IL NM
1.52 706,800 706,800 - ID AR IL
1.52 0 0 - MN AZ TX
1.52 2,979,200 2,979,200 MN MN AZ CA
1.52 284,240,000 13,072,000 - -
1.52 1,520,000 1,520,000 - AZ MO CA
1.52 200,640 200,640 FL IL IL FL AZ
1.52 0 0 IL FL NY TX NY TX AZ
1.52 1,303,400 1,303,400 - MN AZ CA
1.48 333,000 333,000 TX AZ AR CA
1.48 0 0 IL AL AK AZ
1.48 10,804,000 10,804,000 MO OR WI AL AK AZ
1.48 370,000 370,000 - MI NY IA
1.48 134,494 134,494 OR CA OR WA
1.48 52,540,000 52,540,000 WA -
1.48 0 0 VA VA
1.48 0 0 MS AZ AZ CT FL
1.48 133,200 133,200 - AZ CA DE
1.48 0 0 NY OH PA IL IA MO
1.48 7,400,000 7,400,000 NY AL AZ AR
1.48 29,600 29,600 - IA MN ND
1.48 244,200,000 244,200,000 MA AL AK AZ
1.48 22,200 22,200 - MO NY NJ
1.48 5,772,000 5,772,000 OR TX WA DC AL AK
1.48 444,000 444,000 PA FL HI ID
1.48 2,516,000 2,516,000 - AR AZ CA
1.48 266,400 266,400 - AZ AR CA
1.48 251,600 251,600 - ID IL NJ
1.48 714,100 714,100 - CT IL MA
1.48 0 0 MN CT AZ CT MA
1.48 407,000 407,000 CT NJ PA CT IL MD
1.48 0 0 - MI CT MA
1.48 499,500 499,500 OR WA CA HI CA OR WA
1.48 333,000 333,000 AR IL ID AZ AR ID
1.46 219,000 219,000 - AZ CA IL
1.46 0 0 NY NY VT
1.46 1,185,520 1,185,520 FL PA AZ AR CA
1.46 21,024,000 21,024,000 WA AL CA FL
1.46 0 0 CT CT ME MA
1.46 1,825,000 1,825,000 - AL AR AZ
1.46 58,400 58,400 - TN AZ IL
1.46 0 0 IL NY IL NY
1.46 0 0 OH MI OH MI
1.46 9,928,000 9,928,000 - MI NY MD
1.46 803,000 803,000 NY VT NY MA
1.46 3,796,000 3,796,000 IL IL AL AK
1.46 0 0 - AR CT IL
1.46 0 0 NJ AL AR CO
1.46 0 0 OH AZ CA CO
1.46 127,750,000 127,750,000 MO CA AL AK AZ
1.46 182,500 182,500 - IL WI CA
1.46 0 0 - FL IL PA
1.46 0 0 KY KY OH
1.46 1,460,000 1,460,000 NY NY AZ AR
1.46 730,000 730,000 - IL MO TN
1.46 32,120,000 32,120,000 MA MA AZ CA
1.46 17,082,000 17,082,000 CA OH AL AZ AR
1.46 300,760,000,000 219,000,000 WA NY OK ND PA CO NC PA AL AK AZ
1.46 1,460,000 1,460,000 NY AR AZ CT
1.46 3,650,000 3,650,000 - CT FL IL
1.46 0 0 CA CA OR WA
1.46 0 0 FL NY PA FL NY PA
1.43 750,750 750,750 - AR FL ID
1.43 4,290,000 4,290,000 MO AL AK AR
1.43 2,145,000 2,145,000 MN CT CT MD MA
1.43 57,200 57,200 - DC FL GA
1.43 0 0 IL MO IL MO
1.43 221,650 110,825 - AZ AR HI
1.43 0 0 - MI OH
1.43 80,064,485 80,064,485 NY AL AK AZ
1.43 5,748,600 5,748,600 - FL IN SC
1.43 35,750 35,750 - CA IL MN
1.43 614,900 614,900 CA NV NM CA NV NM
1.43 0 0 - AR IL MI
1.43 59,774,000 59,774,000 NM AR AZ CA
1.43 7,507,500 1,716,000 - AL AZ CA
1.43 1,887,600 1,887,600 - AZ AR CA
1.43 1,054,758 1,054,758 AK CA NJ NY TX AK CA CT
1.38 41,400 41,400 NY NY CT
1.38 993,600 993,600 - DC AZ AR
1.38 0 0 OH NC MI WI NC
1.38 46,920,000 46,920,000 FL NY OH TX AL AK AZ
1.38 0 0 NY CT CT NY
1.38 345,000 345,000 OR AZ OR AZ
1.38 48,714,000 48,714,000 DC MO AL AK AZ
1.38 1,667,195 1,667,195 CA OR WA CA OR WA
1.38 55,200,000 0 - HI MD NV
1.38 1,656,000 1,656,000 MD MD NY WV
1.38 149,040,000 149,040,000 MD OH AK AZ CA
1.38 21,390,000 17,250,000 CA AR CA CT
1.38 89,700 89,700 - AZ AR CA
1.38 25,254,000 25,254,000 NY CA OH WA AL AK CA
1.38 11,178,000 11,178,000 - AL AK AZ
1.38 2,760,000 2,760,000 CA DC AZ CA
1.38 3,864,000 3,864,000 - AK AZ CA
1.38 351,900,000 351,900,000 DC FL IL MN NY WI AZ FL HI
1.38 0 0 CT FL GA IL TN TX WI PR AL AK
1.38 138,000 138,000 - AZ CA FL
1.38 1,159,200,000 18,768,000 NV OH TN WA -
1.34 134,000 134,000 - AZ CA DC
1.34 0 0 MA AK AZ AR
1.34 18,760,000 8,308,000 ME NV NY WA -
1.34 0 0 IA AL IL IN
1.34 201,000 201,000 - AR CT FL
1.34 23,450,000 23,450,000 FL NY CA AL AK AZ
1.34 10,988,000 10,988,000 - AL AK AR
1.34 6,700,000 6,700,000 - TX WI
1.34 0 0 - MN TX
1.34 368,902,000 134,000 - MN LA
1.34 0 0 NC NC MI KY
1.34 80,400,000 80,400,000 FL NY CA AL AK AZ
1.34 0 0 NC NC OH AL
1.34 45,560,000 45,560,000 MO AZ AR CO
1.34 0 0 IA AL IL IN
1.34 5,360,000 2,680,000 NC OH RI NC OH RI
1.34 1,890,582 1,890,582 WA AK AZ CA
1.34 938,000 938,000 - AZ IN IA
1.34 1,172,500,000 75,978,000 OR WA OH AL AK AZ
1.34 12,060,000 12,060,000 FL MO DC AL AR
1.34 0 0 IA CA CT DC
1.34 69,010,000 69,010,000 TN CT GA IL TX WI FL DC VI PR
1.34 0 0 - CA FL IA
1.34 648,581 648,581 OR CA OR CA
1.32 396,000 396,000 - CT ME MA
1.32 198,000 198,000 - FL NY NC
1.32 0 0 - MI NY OH
1.32 138,658 138,658 - AZ CA FL
1.32 422,400 422,400 NY AZ CA IA NY AL AZ
1.32 1,980,000 1,980,000 - DC AR CT
1.32 2,112,000 2,112,000 CA IL NY VT AZ CA CO
1.32 79,200,000 79,200,000 - CA IL MA
1.32 0 0 - OH MI
1.32 269,280,000 0 VT AL AK AZ
1.32 0 0 - CT DE MD
1.32 0 0 - ME NH VT
1.32 11,880,000 4,131,600 FL GA SC NC AL DE FL
1.32 22,440,000 1,082,400 - AL AZ AR
1.32 211,200 211,200 CA CA CT NY
1.32 132,000 132,000 MI CA IA TX MP DC VI
1.32 3,960,000 3,960,000 - NC VA WI
1.32 594,000 594,000 NY AZ CA CT
1.32 165,000 165,000 NY NY CA VT
1.32 990,000 990,000 OR UT MO NM TX CO ID MO
1.32 0 0 - AZ CA CT
1.32 10,103,280 10,103,280 IL NY AL AK AR
1.32 528,000 528,000 - AZ FL IN
1.32 188,892,000 88,968,000 NY FL PR VI MP
1.32 652,080,000 652,080,000 IA MN WA AZ DC AL AK
1.32 2,904,000 2,904,000 PA CT MO PA
1.32 64,680,000 27,831,804 - DC AK AR
1.32 550,440,000 0 CA CA WA OR
1.32 0 0 CA MO NY PA TX VT AR CA CT
1.32 67,980,000 67,980,000 TN PR VI DC
1.32 66,000 66,000 - AZ AR CA
1.32 1,716,000 1,716,000 CA IL NY VT PR CA IL
1.29 7,740,000 7,740,000 NY AZ AR CA
1.29 64,500 64,500 CT MA CT MA
1.29 1,419,000 1,419,000 - AL CT DE
1.29 1,135,200 1,135,200 CA OH CA OH
1.29 103,200,000 103,200,000 MI NY AL AK AZ
1.29 119,970,000 119,970,000 MD NY TX AL AK AZ
1.29 2,193,000,000 0 CA OR NV WA CA OR WA
1.29 0 0 - CT NJ NY
1.29 452,661,000 8,127,000 - AR IN IL
1.29 332,304,000 140,610,000 WA PA MD AL AK WY
1.29 113,005,189 50,852,334 WA PA MD AL AK WY
1.29 1,548,000,000 17,931,000 CT NY NJ NY NJ CT
1.29 70,950,000 70,950,000 NY TX AL AK AS
1.29 0 0 NY NY CT
1.29 0 0 - MD VA DC
1.29 4,257,000 4,257,000 - AL AK AZ
1.29 0 0 MA AL AK AZ
1.29 6,450,000 6,450,000 CO CA CO CT
1.29 32,250,000 32,250,000 - FL IL KS
1.29 206,400,000 0 - AL AK AZ
1.29 457,950,000 14,190,000 - AL AK AZ
1.29 534,060,000 63,984,000 - AL AK AZ
1.29 564,375 564,375 - AL AZ AR
1.29 0 0 - -
1.29 364,425,000 5,160,000 - UT HI MS
1.29 0 0 - AL AK AZ
1.29 709,500 709,500 DC OH TX CT DC IL
1.26 0 0 AZ CA NV WA AZ CA NV
1.26 0 0 IL WV IL WV
1.26 882,000 882,000 NY CA MD NY
1.26 36,918,000 36,918,000 PA ME MA AZ CA CT
1.26 541,800,000 191,520,000 - AL AK AZ
1.26 47,880,000 47,880,000 NY VT OR TX FL OH AL AK AZ
1.26 2,520,000 2,394,000 MN MT OH WI MN MT OH
1.26 7,308,000 1,260,000 IL FL AL AZ AR
1.26 8,820,000 1,764,000 - DC AL AZ
1.26 3,612,299 1,764,000 PA NC SC OH AL AK AZ
1.26 0 0 - IL MO
1.26 1,386,000,000 0 CT NJ NY CT NJ NY
1.26 261,450,000 0 CA CA WA OR
1.26 0 0 MD MA IL TN NJ MI AL AR
1.26 435,960,000 177,282,000 OH OR IL PA DC AL AK
1.26 9,475,200 1,890,000 - DC MP VI
1.26 0 0 MO AR IL IA
1.26 315,000 315,000 PA CA AZ CA CT
1.26 0 0 TX TX HI MD
1.26 414,036,000 6,300,000 - NJ IL
1.26 1,839,600 1,839,600 IL NY MD IL MD NY
1.26 64,260,000 0 CA IN CA
1.26 45,360,000 45,360,000 TX FL OR AL AK AZ
1.26 44,100 44,100 CT TX CT TX
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1.26 0 0 - AZ CA CO
1.22 1,647,000 1,647,000 WA CT FL HI
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1.22 366,000 366,000 IA AL AK AZ
1.22 347,700 347,700 - -
1.22 640,500,000 12,200,000 - IL LA NJ
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1.22 1,128,500 1,128,500 - -
1.22 231,800,000 231,800,000 NY NY IL CT
1.22 37,454,000 37,454,000 FL CO KS FL CO KS
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1.22 #VALUE! 0 NY NY CA CT
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1.22 457,500 457,500 CA MD AZ AR CA
1.22 1,063,840 1,063,840 - IL CA CT
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1.18 4,130,000 4,130,000 NY OH AL AK AZ
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1.18 23,600,000 23,600,000 NY CT CT NY
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1.18 90,860,000 90,860,000 NY NY CT IL
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1.18 29,618,000 14,809,000 NC SC NJ MD -
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1.15 101,200 101,200 NY NY IL MO
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1.15 3,450,000 3,450,000 CA AL AK AZ
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1.15 5,376,250,000 27,600,000 NY CT NY NJ MA
1.15 373,750 373,750 - IL AL AK
1.15 5,175,000 5,175,000 TX DC FL HI
1.15 0 0 NY NY FL
1.15 0 0 - CT CA IL
1.15 6,900,000 6,900,000 FL DC FL HI
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1.10 14,300,000 14,300,000 TX DC FL HI
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1.10 0 0 NJ NJ CA CT
1.10 24,970,000 11,242,000 - -
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1.10 500,500 500,500 PA AK DE HI
1.10 6,600,000 6,600,000 - AK AZ AR
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1.10 825,000 825,000 NY IL MI MI IL NY
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1.10 4,730,000 221,100 - CO MD VA
1.10 1,650,000 1,650,000 MA AZ CA CT
1.10 220,000 220,000 NY NY CT ME
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1.10 566,500,000 205,700,000 OH VT MA NY NM AR CA DC
1.10 0 0 RI AL AK AZ
1.10 0 0 - NY MI WI
1.10 0 0 CA CA CT ME
1.10 66,000 66,000 ID NY CA ID NY CA
1.10 412,500,000 127,600,000 SC NJ OH OR VA AL AK AZ
1.10 10,890,000 5,445,000 MI FL MA MN MI FL MA
1.10 9,570,000,000 242,000,000 CA IL AK AZ CA
1.10 68,200,000 68,200,000 IL OR AZ AL CA
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1.10 66,000,000 66,000,000 OR NM AK AR
1.10 220,000 220,000 - NV DC AL
1.10 0 0 CT IL AR AZ
1.10 6,600,000 6,600,000 - AZ CO CT
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1.10 742,500 742,500 CT NY CT NY
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1.10 13,200,000 13,200,000 MA MA AL AK
1.10 605,000 605,000 NY NY AZ CA
1.10 1,210,000 1,210,000 NY AL AK AZ
1.11 7,770,000 7,770,000 MA MA PA HI
1.11 0 0 NM AL AK AZ
1.11 543,900 543,900 NY NJ NY NJ MD
1.11 4,273,500 4,273,500 CT WA AL AK AZ
1.11 888,000,000 401,629,586 MA NY OH DE NJ TX IL AL AZ DC
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1.11 0 0 - CO IA KS
1.11 142,413,000 0 - WY KS
1.11 0 0 NY NY AZ CA
1.11 721,500 721,500 CT CT AK AZ
1.11 0 0 RI RI CT DE
1.11 0 0 NY IL ME CT
1.11 0 0 CT IL AR AZ
1.11 222,000 222,000 MO MO AL AR
1.11 106,005,000 44,400,000 MA DC NE AL AK AZ
1.11 416,250 416,250 TN AK AZ DE
1.11 10,822,500 10,822,500 MA AL AZ AR
1.11 0 0 - NY IN
1.11 0 0 - NJ NY CT
1.11 5,994,000 5,994,000 OR AZ AR CA
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1.11 9,768,000 2,225,171 - IL IN MI
1.11 13,764,000 13,764,000 NJ NY CA OR AL AK AZ
1.11 0 0 CA CA OR NM
1.11 1,110,000,000 367,410,000 MA OR OH NY VA TX AR AL AK AZ
1.11 0 0 NY NY CA CT
1.11 36,630,000 36,630,000 DE MD MA AL AZ
1.11 137,640,000 58,302,072 NY NH OH AL AK AZ
1.11 125,235,750 125,235,750 FL NV CA GA
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1.11 3,330,000 3,330,000 CT IL MI OR PA TX WI ID ME TX
1.11 0 0 MO NE MO NE
1.11 27,783,300 27,783,300 NY AZ DC FL
1.11 1,986,900,000 0 - NJ OK WA
1.11 103,230,000 1,110,000 NY NY NJ CT
1.09 24,525,000 24,525,000 FL AZ AR CA
1.09 26,160,000 10,588,647 SC OH AL AZ CO
1.09 5,526,300 1,842,100 NY NY AL IL
1.09 3,270,000 3,270,000 CT IL MI OR PA TX WI CT IL MI
1.09 2,452,500 1,199,000 - IL IN LA
1.09 0 0 - AZ AR CA
1.09 102,460,000 22,890,000 AZ AZ CA NM
1.09 23,980,000 23,980,000 NC IL IA NV
1.09 0 0 CA CA AZ AR
1.09 13,080,000 1,090,000 IL AK AZ CA
1.09 0 0 - AZ CO FL
1.09 23,980,000 23,980,000 IA -
1.09 46,325,000 9,701,000 SC TX FL VT AR AL AK AZ
1.09 3,815,000 1,090,000 - AL LA
1.09 109,000 109,000 MA AL AK AZ
1.09 1,090,000 366,240 - MD VA WV
1.09 566,800,000 237,729,000 NY MA IL OH NJ TX CA -
1.09 88,290,000 26,902,290 MI MA CA VA -
1.09 23,980,000 10,634,219 NY SC TX ME AL AK AZ
1.09 79,025,000 31,610,000 OH AL AK AZ
1.09 0 0 - IL CO IN
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1.09 4,360,000 574,660 - AL IA
1.09 184,210,000 75,210,000 - TX CA FL
1.09 0 0 KY CT NE AZ AR CO
1.09 40,221,000 7,303,000 - -
1.09 669,968,500 16,077,500 - AL AK AZ
1.09 0 0 CT AR CT ID
1.09 681,250 681,250 - IL IA NV
1.09 3,815,000 3,815,000 OR AK AZ CO
1.09 341,170,000 65,400,000 - -
1.09 22,890,000 22,890,000 MI MA MI MA
1.09 157,505,000 436,000 - WI LA
1.09 460,525,000 96,201,976 OH FL NY -
1.09 0 0 - CT IA MD
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1.09 817,500,000 379,320,000 NY OH MA -
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1.09 47,960,000 4,855,331 NJ CA -
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1.09 22,890,000 22,890,000 OR TN AK AZ AR
1.09 11,990,000 5,077,491 MA MI NH OH AK AZ IL
1.09 0 0 NY CA CT DC
1.09 0 0 NY CA CT DC
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1.06 0 0 CT CT MA NJ
1.06 72,610,000 72,610,000 FL IL IL FL AZ
1.06 159,000 159,000 PA TN IL GA
1.06 0 0 - WI IL MI
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1.06 662,500 318,000 - OK MS IA
1.06 96,248,000 96,248,000 NY CT AL CA CO
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1.06 0 0 WA AL AK AZ
1.06 238,500 238,500 - AL AK AZ
1.06 3,180,000 3,180,000 FL PA NH ND
1.06 2,014,000 0 - TX OK
1.06 36,453,400 0 - RI CO FL
1.06 14,840,000 14,840,000 OH MA IL CA TX -
1.06 0 0 CT CT NY CA
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1.06 43,195,000 43,195,000 IL OR AL AK AZ
1.06 26,500,000 3,788,662 - -
1.06 223,660,000 79,500,000 CT IL NY TX AL CA CO
1.06 265,000 265,000 CT MA AL CA CO
1.06 163,240,000 163,240,000 TX FL AK SC
1.06 0 0 - KS IL MN
1.06 0 NJ OH VA MA -
1.06 74,200,000 74,200,000 - FL TX NY
1.06 662,500 0 - CO FL IL
1.06 15,370,000 2,778,423 MA NY OH CA DE FL
1.06 1,007,000,000 214,120,000 IL MA OH -
1.06 8,480,000 0 - MD CO
1.06 156,880,000 62,275,000 CT NY AL CA CO
1.06 0 0 - CA IL MA
1.06 74,200,000 36,305,000 CT NY AL CO CT
1.06 570,280,000 39,220,000 - FL NY MI
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1.04 17,680,000 17,680,000 FL PA NH ND
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1.04 26,000,000,000 4,420,000,000 IA AL AK AZ
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1.04 11,440,000 5,200,000 NY SC TX ME AL AK AZ
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1.04 639,600,000 210,054,000 IL MA OH AL AK AZ
1.04 8,216,000 668,959 - -
1.04 41,600,000 41,600,000 PA NH ND IL CA FL PA NH ND
1.04 104,000,000 104,000,000 OR AL AK AZ
1.04 1,664,000,000 248,714,589 VA AL AK AZ
1.04 46,800,000 5,200,000 OH TN AL AK AR
1.04 0 0 NY NY CT VT
1.04 0 0 NY NY WA VT
1.04 770,640 40,615 - MD VA
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1.04 0 0 VA TX AK VA TX
1.04 0 0 FL AK AL AZ
1.04 3,120,000,000 218,400,000 NY MA CA CO OH -
1.04 0 - CT IA MO
1.04 593,840,000 28,600,000 - AR CA FL
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1.04 13,520,000 13,520,000 MO OH TX WA IA AR ID
1.04 157,040,000 157,040,000 CA NY CA NY DC
1.04 10,400,000 10,400,000 IA FL MN MO AK CT DC
1.04 71,760,000 71,760,000 CT TX AL AK AZ
1.04 188,240,000 188,240,000 FL IA FL DC
1.04 0 FL PA NH ND
1.04 0 FL PA NH ND
1.04 98,800,000 35,847,395 OH FL VA SC OR CA DE FL
1.04 93,600,000 93,600,000 - FL AZ IL
1.04 44,616,000 44,616,000 TX IL AL AZ
1.04 0 - AL AZ AR
1.04 792,480,000 25,792,000 NY AL AK AZ
1.04 5,200,000 0 - -
1.02 129,540,000 129,540,000 FL IL AL AK AR
1.02 12,240,000 0 IN OH TX AL AK AZ
1.02 29,580,000 29,580,000 NJ AL AS AZ
1.02 26,520,000 26,520,000 CT TX AL AK AZ
1.02 48,960,000 0 VA FL NC OH MA AL AK AZ
1.02 8,670,000 6,120,000 MA MD VT RI
1.02 45,900,000 0 AZ FL NY OH -
1.02 7,140,000 7,140,000 CT IL AK AR
1.02 0 - AL AZ AR
1.02 25,398,000 7,237,705 NY CA IL NC AR CA CO
1.02 510,000,000 0 OR ME OR ME
1.02 0 CT CT NH ME
1.02 510,000,000 272,064,309 NY CA SC MD OR AR CA DE
1.02 1,020,000 1,020,000 NJ CT NJ
1.02 76,500,000 76,500,000 TX CT AL AK AZ
1.02 0 - -
1.02 2,550,000 850,680 - AR KS NE
1.02 0 FL CA FL IL
1.02 2,034,900 739,500 - OH IL
1.02 3,570,000 333,540 NY UT ID CA MD MO
1.02 34,170,000 398,059 MD CA CO NY NC DC AL AK AZ
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1.02 500,718,000 27,833,152 MA VA FL MI SC AL AK AZ
1.02 0 0 NY CT WA OR
1.02 0 FL CA FL IL
1.02 629,340 0 AL IN MA OH TX -
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1.02 0 FL IL FL CA
1.02 30,600,000 30,600,000 OR AL AK AZ
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1.02 15,300,000 15,300,000 FL IL FL CA
1.02 1,224,000,000 534,480,000 MA NY -
1.02 0 MA NY -
1.02 0 MA NY MA CA IN
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1.02 11,220,000 11,220,000 NY IL CA FL HI
1.02 17,340,000 17,340,000 NY CT FL IL OH MD NJ TX VT WA NY CT FL
1.02 13,260,000,000 1,088,340,000 CA DE IL NY MA CA DE IL
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1.02 2,142,000,000 0 NY AL AK AZ
1.02 0 0 VT DE FL MD OR TX WA -
1.02 344,250 344,250 - FL MD MO
MD MA MN NJ RI VT
CT ME RI VT DC
NH RI VT
WY UT CA NV
PA VA WV
VT
MA NH VT NJ
PA
AR CA CO CT DE FL HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC
VA IL IA NM OK VT
NY NH
AR CA CO CT DE DC FL GA HI ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY
CT VT NH MA
LA MA MI MO NC OH PA TN TX WV WI
TX CA
AR CA CO CT DE FL PR HI ID IL IN IA KS GU LA ME MD MA MI MN MS MO MT NE WI NH NJ NM NY
CT NJ RI VT NH
VT ME NJ
AR CA CO CT DE FL GA ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC
NY MA
MA VT MN RI
MO NY TX WA
MA MO NY TX
IA MA MN MO NY TX
MA NJ CT RI
IA MA MN MO NY TX
MA MN MO NY WI TX
CT NH
IL IA MO TX WV VT
IA MA MN MO NY TX WI
IA MA MN MO NY TX
NJ
CT LA MD MA MN TN TX UT WA WV WI
IA MA MN MO NY TX WI
RI ME CT NH MA NJ
MN MO NY TX UT WA WI
MA MN NJ NY OR VA WA
IL IA MA MN MO NY WI
AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY
AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM
CT DE FL ID IN IA ME MD MA MI MN MO NE NV NY NC OR PA SD TN TX VT VA WI
MN NY WA
MN MO NY TN TX WA WI
MA MN MO TN TX WA WI
TX OK OR MI
FL TX WI
CA CT DE FL ID IL LA MI MO NV NH NM NY OH PA RI
IL FL
AZ
FL ID IA MA MN NJ PA TX WI
MA MO NY TN TX WA WI
AZ
ME RI
AR CA CO CT DE FL HI ID IL IN IA KS LA ME MD MA MI MN MS MO NE NV NH NJ NM NC ND OH OK
CT FL ID IL MI MN MO NY NV NM OH PA TX UT WA
CO CT DE DC FL ID IL IA KS ME MD MA MN NH NJ NY NC OH OK OR PA SC SD TN TX UT VA WA WV
FL IL MA MN MO NY TX WI
CT FL ID IL MI MO NV NH NM NY OH PA TX WA
CT DE FL GA HI ID IN IA KS LA MA MI MN MS MO NV NM NY NC OK OH OR PA RI TN TX WA WI WV
AZ
AZ AR CA CT DE FL ID IL IA ME MD MA MN NV NJ NM NC OR PA TN VT WA WI
IL IA MA MO NM NY NC TX
FL MA MO TN TX WA WI
CT FL GA HI ID IN KY LA ME MS MA MO MT NC NM NH OH OK OR SC TN TX UT VA WA WV AL AR
KY MI OR PA TN TX VT
MN MO NM NY NC PA TX WI
CA CO CT DE FL ID IL IN IA KS KY LA MD MA MI MN MT NE NV NH NJ NM NY NC ND OH OR PA SD
IL IA MA MO NM NY NC TX WI
IL MA MN NJ TN TX WI AR CT DE FL ID KY ME MI MS MT ND NC OH OK OR NV PA RI UT WA WV VT
KY NJ NM NY OH MN
NM NC
AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM
VA WA
OR
MN MO NY TN TX WI AL AZ AR CT ME MI NV NJ NM NC PA RI SD VA WV
MN MO NY TN TX WA WI
IL MA MO NM NY NC TX WI
AR CO CT DE IN MD MI MS MO NE NV NH ND OH OK RI SD TN VA WA WY
MO NY NC TX WI
IL IA MA MN MO NY PA TX VT WI
NY TX AZ CT FL ID IL KY NM TN WI
TX AZ AR CO CT FL IL KS KY MA MO NM NC OH UT VT WA WI
CA CO CT FL LA MD MA MI MN MT NJ NY OH PA WA WI
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH
WV OH TX MO PA AZ
CT FL IL IA MD MA MO NM NY NC PA TX VT WI
WA
MA NY WA WI
CA CT PA TX WA
KY NJ MI MO PA
FL IL MD MA MN MO NJ NM NY NC PA TX VT WI
IL MI MO NE NV NM ND OH PA WA WI
MN MO NY PA TN TX WA WI
AR CA CT DE KY LA MA MI MO NJ NM NY OH OR PA TX VT WV
FL IA MA NJ NM TN VT WA WI
TX
MI NJ TN WI
CT FL IL KY MD MA MO NJ NM NY NC PA TN TX VT WI
CT FL HI ID IL IN IA KS MD MA NE NV NJ NM NY PA TN WA
AR CA CT DE IN KY LA MA MI MO NJ NM NY OH OR PA TX VT WV
AR CA CT FL HI IL IA MA MI MN NJ OH PA TN TX VT WI
CT FL HI ID IL IA KS MD MA NJ NY OH PA TN WA
FL GA HI IA LA MA MN MS NJ NM NY NC RI TN TX VT VA WA WV WI DC
AR CA CO CT FL ID IL IN IA KS KY MD MA MI MN MS MO NE NV NJ NM NY NC ND OH OK OR PA RI
NJ TN TX
HI IL IN IA KS LA MD MA MI MN MS NJ NY OK TX UT WA WV WI
IL IN KY LA MA MI NJ NM NY OH OR PA TX VT WV AR FL
NY OH PA WI
CA CT DE FL ID IL IA LA MD MA MI MN MO NV NJ NY ND OH OR PA VA WV WI
WI
PA WI
AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NM NY
IL IN KS OH PA TX WA WI
CT IL MD MA MN MO NM NY NC PA TN TX VT WI
FL IA MA NJ NM NY NC RI TN VT WA WI
TN TX WI
MN NM NY NC TX WA WV WI
MN NJ NY PA TX VT WI
MA NJ NY OH WI
SD MN FL DE KS KY MD NJ NH RI AR NE MS VA ME OH IN ND
HI
IL KS MI NV NJ TN TX WI
MA NY PA TX VT WI
CT DE FL GA ID IL IN KS KY LA MD MA MI MS MO NE NJ NM NY NC OH OK OR TN TX VT WV PA
GA ID IL IN KY MA NV NH NJ NM NY OH OR PA SC TN WA
NH NY PA RI VT
CA HI ID IL KS KY MA MI MN MS MT NE NH NJ NM NV NC OH OK OR PA RI SD TN TX VT VA WI WA
MO TX
NJ PA
AZ AR CA CT DC FL GA HI ID IL IA KS KY LA ME MD MA MI MN MS MO NE NV NJ NM NY NC ND OH
MO
CT DE FL GA ID IL IN IA KS KY MD MA MI MN MS MO NV NJ NM NY NC OH OK PA RI SD TX UT VT
FL KY MD MI NY OH PA TX WA WI
FL MI
OR
ID IL IN IA KS MN MI NE NC OH PA RI TX VT VA WA
VA
CO CT DE FL GA IL IN MD MI MO NV NH NJ NM NY NC OH OK OR PA RI TX VA WA
CA CO CT DE FL GA HI ID IL IN KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC OH
AR CA CO CT DE DC GA HI ID IL IN IA KS KY LA ME MD MA MI MP GU MO MT NE NV NH NJ NM NY
IL MA MI MN MO NJ NM NY NC TX WA WV WI
MA MN MO NM NY PA TX VT WI
KS MI MO NJ NC OH OR PA RI TN TX WV
AZ CO CT DE FL HI IL IA KS KY ME MD MI MS MO MT NE NV NH NM NY OK PA RI UT VA WV
MN NE NJ NM NY OR PA TX VT WI
KY MD OH NJ NC TX VA
ID IL MI MO NE NV NY OK
AR CA CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MO MN MT NE NV NH NM NY NC OH
WV
TX VT WI
MO NV TX
CO CT DE FL GA HI ID IL IN IA KS KY MD MA MI MO NE NC NJ NM NY NC OH OK OR RI SC TN TX
CT FL HI ID IL IA KS MD MA MN MO NE NV NJ NY NC OH PA TN WA WI
CO CT FL ID IA KS MD MO NV NJ NM NY NC OH OK OR PA TN TX VT WI
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Year All Cases Antitrust Consumer Health Care Environment
1980 2 1 0 0 1
1981 3 1 0 0 2
1982 0 0 0 0 0
1983 3 1 1 0 1
1984 1 0 0 0 1
1985 2 1 1 0 0
1986 4 1 1 0 2
1987 3 0 2 0 1
1988 4 1 1 0 2
1989 10 1 7 0 2
1990 12 2 7 0 3
1991 14 3 10 0 1
1992 19 3 12 1 3
1993 19 3 12 1 3
1994 11 3 7 1 0
1995 5 1 2 1 1
1996 24 5 17 2 0
1997 25 7 15 1 2
1998 28 4 19 1 4
1999 16 4 11 0 1
2000 21 5 14 1 1
2001 24 5 13 3 3
2002 32 5 21 3 3
2003 27 7 11 4 5
2004 26 6 12 4 4
2005 36 7 20 4 5
2006 38 7 24 4 3
2007 28 9 13 2 4
2008 40 5 24 7 4
2009 36 4 14 6 12
2010 52 7 17 17 11
2011 36 9 8 11 8
2012 38 4 15 14 5
2013 46 4 23 13 6
SUM 685 126 354 101 104
Missing Partic. 34 1 7 26 0
Missing Lead 214 17 122 23 52
Gov't 62 9.05%
Industry 623 90.95%
National 586 85.55%
Regional 99 14.45%
10
20
30
40
50
60
State # Lead (Ovrl) % Lead (Ovrl) State # Partic (Ovrl)
New York 161 34.18% Illinois 386
California 75 15.92% New York 374
Massachusetts 67 14.23% California 357
Texas 64 13.59% Massachusetts 355
Florida 61 12.95% Connecticut 342
Illinois 59 12.53% Texas 336
Ohio 59 12.53% Pennsylvania 329
Connecticut 48 10.19% Florida 327
Oregon 43 9.13% Ohio 311
Washington 35 7.43% Maryland 303
Pennsylvania 33 7.01% Michigan 303
Maryland 31 6.58% Washington 302
New Jersey 29 6.16% Wisconsin 292
Minnesota 28 5.94% Oregon 291
Missouri 23 4.88% New Jersey 282
North Carolina 22 4.67% Missouri 278
Iowa 18 3.82% Arizona 275
Michigan 17 3.61% North Carolina 275
South Carolina 14 2.97% Vermont 273
Tennessee 14 2.97% Tennessee 272
Vermont 14 2.97% Iowa 271
0
10
20
30
40
50
60
1
9
8
0
1
9
8
2
1
9
8
4
1
9
8
6
1
9
8
8
1
9
9
0
1
9
9
2
1
9
9
4
1
9
9
6
1
9
9
8
2
0
0
0
All Cases Antitrust Consumer Health Care
Virginia 13 2.76% New Mexico 258
Arizona 12 2.55% Nevada 251
Maine 12 2.55% Arkansas 249
Wisconsin 10 2.12% Idaho 246
Arkansas 7 1.49% Kansas 242
Colorado 7 1.49% Minnesota 241
New Hampshire 7 1.49% Maine 230
Delaware 6 1.27% Rhode Island 230
Idaho 6 1.27% Delaware 223
District of Columbia 5 1.06% West Virginia 223
Georgia 5 1.06% Virginia 220
Nebraska 5 1.06% Louisiana 219
Nevada 5 1.06% Kentucky 213
New Mexico 5 1.06% Colorado 203
Rhode Island 5 1.06% New Hampshire 203
Kansas 4 0.85% Alabama 202
Indiana 3 0.64% Nebraska 200
Kentucky 3 0.64% Oklahoma 198
Louisiana 2 0.42% Hawaii 197
Mississippi 2 0.42% District of Columbia 193
North Dakota 2 0.42% Indiana 193
Utah 2 0.42% Montana 193
West Virginia 2 0.42% South Carolina 191
Alabama 1 0.21% Mississippi 185
Alaska 1 0.21% North Dakota 185
Hawaii 1 0.21% South Dakota 180
Montana 1 0.21% Georgia 177
Oklahoma 1 0.21% Utah 174
American Samoa 0 0.00% Alaska 162
Guam 0 0.00% Wyoming 146
No. Marianas Islands 0 0.00% Puerto Rico 47
Puerto Rico 0 0.00% Virgin Islands 26
South Dakota 0 0.00% No. Marianas Islands 24
Virgin Islands 0 0.00% Guam 20
Wyoming 0 0.00% American Samoa 16
% Partic (Ovrl) State #Lead (Env) % Lead (Env) State
59.29% New York 26 50.00% New York
57.45% New Jersey 8 15.38% Connecticut
54.84% Connecticut 7 13.46% Massachusetts
54.53% Massachusetts 3 5.77% New Jersey
52.53% North Carolina 3 5.77% Vermont
51.61% California 2 3.85% Maine
50.54% Maine 2 3.85% Rhode Island
50.23% Ohio 2 3.85% Illinois
47.77% Virginia 2 3.85% Ohio
46.54% Arizona 1 1.92% Maryland
46.54% Florida 1 1.92% New Hampshire
46.39% Kentucky 1 1.92% Virginia
44.85% Michigan 1 1.92% California
44.70% Pennsylvania 1 1.92% Michigan
43.32% Rhode Island 1 1.92% Indiana
42.70% Texas 1 1.92% New Mexico
42.24% Vermont 1 1.92% Alabama
42.24% West Virginia 1 1.92% Delaware
41.94% Alabama 0 0.00% Wisconsin
41.78% Alaska 0 0.00% Missouri
41.63% American Samoa 0 0.00% Oregon
2
0
0
0
2
0
0
2
2
0
0
4
2
0
0
6
2
0
0
8
2
0
1
0
2
0
1
2
Health Care Environment
0 20 40
2010-2013
2005-2009
2000-2004
1995-1999
1990-1994
1985-1989
1980-1984
39.63% Arkansas 0 0.00% Pennsylvania
38.56% Colorado 0 0.00% District of Columbia
38.25% Delaware 0 0.00% Iowa
37.79% District of Columbia 0 0.00% Louisiana
37.17% Georgia 0 0.00% Minnesota
37.02% Guam 0 0.00% Washington
35.33% Hawaii 0 0.00% North Carolina
35.33% Idaho 0 0.00% Florida
34.25% Illinois 0 0.00% Kansas
34.25% Indiana 0 0.00% Kentucky
33.79% Iowa 0 0.00% Texas
33.64% Kansas 0 0.00% Colorado
32.72% Louisiana 0 0.00% Oklahoma
31.18% Maryland 0 0.00% West Virginia
31.18% Minnesota 0 0.00% Arkansas
31.03% Mississippi 0 0.00% Mississippi
30.72% Missouri 0 0.00% Nebraska
30.41% Montana 0 0.00% Tennessee
30.26% Nebraska 0 0.00% Utah
29.65% Nevada 0 0.00% Nevada
29.65% New Hampshire 0 0.00% South Carolina
29.65% New Mexico 0 0.00% Montana
29.34% North Dakota 0 0.00% North Dakota
28.42% No. Marianas Islands 0 0.00% Arizona
28.42% Oklahoma 0 0.00% Georgia
27.65% Oregon 0 0.00% Idaho
27.19% Puerto Rico 0 0.00% Hawaii
26.73% South Carolina 0 0.00% South Dakota
24.88% South Dakota 0 0.00% Wyoming
22.43% Tennessee 0 0.00% Alaska
7.22% Utah 0 0.00% American Samoa
3.99% Virgin Islands 0 0.00% Guam
3.69% Washington 0 0.00% No. Marianas Islands
3.07% Wisconsin 0 0.00% Puerto Rico
2.46% Wyoming 0 0.00% Virgin Islands
#Partic (Env) %Partic (Env) State #Lead (CP) % Lead (CP)
52 50.00% New York 52 22.41%
40 38.46% California 38 16.38%
38 36.54% Illinois 37 15.95%
37 35.58% Florida 31 13.36%
31 29.81% Texas 28 12.07%
28 26.92% Massachusetts 24 10.34%
27 25.96% Oregon 24 10.34%
26 25.00% Minnesota 22 9.48%
21 20.19% Connecticut 21 9.05%
20 19.23% Pennsylvania 18 7.76%
20 19.23% Washington 18 7.76%
18 17.31% Iowa 17 7.33%
17 16.35% Maryland 13 5.60%
17 16.35% Tennessee 13 5.60%
16 15.38% Missouri 12 5.17%
15 14.42% Ohio 12 5.17%
14 13.46% New Jersey 10 4.31%
14 13.46% Vermont 9 3.88%
13 12.50% Wisconsin 8 3.45%
12 11.54% Arizona 7 3.02%
12 11.54% North Carolina 7 3.02%
60 80 100 120 140 160 180 200
Number of Multistate Cases
2-5 States
6-15 States
16-39 States
40-49 States
50 States
12 11.54% Michigan 6 2.59%
11 10.58% Idaho 5 2.16%
11 10.58% Arkansas 4 1.72%
11 10.58% Georgia 4 1.72%
11 10.58% Maine 4 1.72%
11 10.58% Colorado 3 1.29%
10 9.62% Delaware 3 1.29%
8 7.69% Kansas 2 0.86%
8 7.69% Mississippi 2 0.86%
8 7.69% Nebraska 2 0.86%
8 7.69% New Hampshire 2 0.86%
7 6.73% New Mexico 2 0.86%
7 6.73% North Dakota 2 0.86%
7 6.73% District of Columbia 1 0.43%
6 5.77% Kentucky 1 0.43%
6 5.77% Louisiana 1 0.43%
6 5.77% Montana 1 0.43%
6 5.77% Nevada 1 0.43%
6 5.77% Oklahoma 1 0.43%
5 4.81% Rhode Island 1 0.43%
5 4.81% South Carolina 1 0.43%
4 3.85% Virginia 1 0.43%
4 3.85% West Virginia 1 0.43%
3 2.88% Alabama 0 0.00%
3 2.88% Alaska 0 0.00%
3 2.88% American Samoa 0 0.00%
2 1.92% Guam 0 0.00%
2 1.92% Hawaii 0 0.00%
2 1.92% Indiana 0 0.00%
1 0.96% No. Marianas Islands 0 0.00%
1 0.96% Puerto Rico 0 0.00%
0 0.00% South Dakota 0 0.00%
0 0.00% Utah 0 0.00%
0 0.00% Virgin Islands 0 0.00%
0 0.00% Wyoming 0 0.00%
Period 2-5 States 6-15 States 16-39 States
2010-2013 32 48 46
2005-2009 35 41 54
2000-2004 34 30 33
1995-1999 32 28 25
1990-1994 22 31 17
1985-1989 6 12 0
1980-1984 4 5 0
Total: 157 177 165
Period Total % (of total) Antitrust
1980-1984 9 1.31% 3
1985-1989 23 3.36% 4
1990-1994 75 10.95% 14
1995-1999 98 14.31% 21
2000-2004 130 18.98% 28
2005-2009 178 25.99% 32
2010-2013 172 25.11% 24
Total: 685 100.00% 123
State #Partic (CP) %Partic (CP) State #Lead (HC)
Illinois 242 69.74% Ohio 35
California 215 61.96% Massachusetts 32
Texas 205 59.08% New York 32
Pennsylvania 203 58.50% Florida 15
Florida 192 55.33% Texas 14
Massachusetts 190 54.76% Illinois 13
New York 187 53.89% South Carolina 13
Washington 186 53.60% California 11
Ohio 182 52.45% North Carolina 11
Connecticut 180 51.87% Virginia 9
Wisconsin 180 51.87% Washington 9
Arizona 175 50.43% Michigan 7
Michigan 169 48.70% New Jersey 7
Tennessee 169 48.70% Oregon 7
North Carolina 167 48.13% Maine 5
Oregon 167 48.13% Maryland 5
Missouri 166 47.84% New Hampshire 4
Iowa 165 47.55% Pennsylvania 4
Maryland 163 46.97% Arkansas 3
New Mexico 158 45.53% Delaware 3
Vermont 158 45.53% Indiana 3
New Jersey 156 44.96% Missouri 3
Arkansas 154 44.38% Colorado 2
Nevada 151 43.52% District of Columbia 2
Idaho 147 42.36% Minnesota 2
Kansas 140 40.35% Nebraska 2
Minnesota 136 39.19% Nevada 2
Kentucky 124 35.73% Vermont 2
Delaware 123 35.45% Alabama 1
West Virginia 121 34.87% Arizona 1
Louisiana 117 33.72% Connecticut 1
Hawaii 115 33.14% Georgia 1
Maine 113 32.56% Idaho 1
Nebraska 113 32.56% Louisiana 1
Rhode Island 113 32.56% New Mexico 1
Oklahoma 111 31.99% Rhode Island 1
Montana 110 31.70% Tennessee 1
Virginia 106 30.55% Utah 1
North Dakota 105 30.26% Alaska 0
Mississippi 104 29.97% American Samoa 0
New Hampshire 104 29.97% Guam 0
South Dakota 102 29.39% Hawaii 0
Colorado 101 29.11% Iowa 0
Alabama 99 28.53% Kansas 0
South Carolina 98 28.24% Kentucky 0
District of Columbia 96 27.67% Mississippi 0
Georgia 95 27.38% Montana 0
Indiana 90 25.94% North Dakota 0
Alaska 83 23.92% No. Marianas Islands 0
Utah 79 22.77% Oklahoma 0
Wyoming 77 22.19% Puerto Rico 0
Puerto Rico 20 5.76% South Dakota 0
No. Marianas Islands 17 4.90% Virgin Islands 0
Virgin Islands 15 4.32% West Virginia 0
Guam 14 4.03% Wisconsin 0
American Samoa 9 2.59% Wyoming 0
40-49 States 50 States Total Period
18 24 168 1980-1984
40 7 177 1985-1989
20 13 130 1990-1994
8 5 98 1995-1999
2 3 75 2000-2004
5 0 23 2005-2009
0 0 9 2010-2013*
85 50 634 Total:
% (of total) Consumer Prot. % Health Care %
2.44% 1 0.28% 0 0.00%
3.25% 12 3.40% 0 0.00%
11.38% 48 13.60% 3 2.97%
17.07% 64 18.13% 5 4.95%
22.76% 71 20.11% 15 14.85%
26.02% 95 26.91% 23 22.77%
19.51% 63 17.85% 55 54.46%
100.00% 353 100.00% 101 100.00%
% Lead (HC) State #Partic (HC) %Partic (HC) State
44.87% Florida 63 84.00% New York
41.03% New York 62 82.67% California
41.03% Texas 60 80.00% Texas
19.23% Georgia 59 78.67% Connecticut
17.95% Indiana 59 78.67% Florida
16.67% Massachusetts 59 78.67% Maryland
16.67% California 58 77.33% Oregon
14.10% Michigan 57 76.00% Ohio
14.10% Ohio 56 74.67% Pennsylvania
11.54% New Jersey 55 73.33% Illinois
11.54% Rhode Island 55 73.33% Massachusetts
8.97% Virginia 55 73.33% Missouri
8.97% Maryland 54 72.00% Washington
8.97% New Hampshire 54 72.00% Minnesota
6.41% Tennessee 54 72.00% New Jersey
6.41% Connecticut 53 70.67% Arizona
5.13% Illinois 53 70.67% Michigan
5.13% North Carolina 53 70.67% Colorado
3.85% Alabama 52 69.33% District of Columbia
3.85% Colorado 52 69.33% Kansas
3.85% Pennsylvania 52 69.33% Nevada
3.85% South Carolina 52 69.33% New Mexico
2.56% Washington 52 69.33% Rhode Island
2.56% Kentucky 51 68.00% Vermont
2.56% Louisiana 51 68.00% Wisconsin
2.56% Nebraska 51 68.00% Alaska
2.56% West Virginia 51 68.00% Hawaii
2.56% Minnesota 50 66.67% Iowa
1.28% Missouri 50 66.67% Kentucky
1.28% Nevada 50 66.67% Maine
1.28% Oklahoma 50 66.67% Nebraska
1.28% Delaware 49 65.33% New Hampshire
1.28% Idaho 49 65.33% North Carolina
1.28% New Mexico 49 65.33% Utah
1.28% Oregon 49 65.33% Virginia
1.28% Utah 49 65.33% Alabama
1.28% Arkansas 48 64.00% American Samoa
1.28% Iowa 48 64.00% Arkansas
0.00% Kansas 48 64.00% Delaware
0.00% Maine 48 64.00% Georgia
0.00% Mississippi 47 62.67% Guam
0.00% Wisconsin 47 62.67% Idaho
0.00% Arizona 46 61.33% Indiana
0.00% Hawaii 46 61.33% Louisiana
0.00% South Dakota 46 61.33% Mississippi
0.00% Wyoming 46 61.33% Montana
0.00% Montana 45 60.00% North Dakota
0.00% Vermont 45 60.00% No. Marianas Islands
0.00% Alaska 42 56.00% Oklahoma
0.00% North Dakota 39 52.00% Puerto Rico
0.00% District of Columbia 37 49.33% South Carolina
0.00% Puerto Rico 2 2.67% South Dakota
0.00% Virgin Islands 1 1.33% Tennessee
0.00% American Samoa 0 0.00% Virgin Islands
0.00% Guam 0 0.00% West Virginia
0.00% No. Marianas Islands 0 0.00% Wyoming
Total % (of total) Sector #
9 1.31% 3254
23 3.36% 5221-5223
75 10.95% 5241-5242
98 14.31% 5171-5172
130 18.98% 5418
178 25.99% 3112-3121
172 25.11% 3241
685 100.00% 4461
3122
Environment % 2211
5 5.05% 5191
7 7.07% 3341-3349
10 10.10% 5614-5617
8 8.08% 3361
16 16.16% 5111
28 28.28% 4471
30 30.30% 4521
99 100.00% 5152
5416-5417
5621-5622
#Lead (AT) % Lead (AT) State #Partic (AT) %Partic (AT) 8139
51 46.79% New York 73 58.40% 4451
24 22.02% Connecticut 69 55.20% 4541-4543
21 19.27% Massachusetts 68 54.40% 3251-3253
19 17.43% California 67 53.60% 3255-3259
14 12.84% Maryland 66 52.80% 3261-3262
13 11.93% Illinois 65 52.00% 3312-3333
12 11.01% Florida 64 51.20% 5231
10 9.17% Oregon 63 50.40% 2361
10 9.17% Texas 63 50.40% 6215
8 7.34% Pennsylvania 62 49.60% 8111
8 7.34% Michigan 60 48.00% 3151-3162
8 7.34% Washington 53 42.40% 3272-3273
8 7.34% Ohio 52 41.60% 3391-3399
4 3.67% Wisconsin 52 41.60% 4481-4483
4 3.67% Arizona 51 40.80% 5112
3 2.75% Missouri 50 40.00% 3212-3222
3 2.75% District of Columbia 49 39.20% 3351-3359
2 1.83% Idaho 47 37.60% 4242
2 1.83% Iowa 47 37.60% 4431
2 1.83% Kansas 46 36.80% 5121
2 1.83% Nevada 45 36.00% 6221
2 1.83% North Carolina 45 36.00% 1151
2 1.83% Minnesota 44 35.20% 2121
2 1.83% West Virginia 44 35.20% 2122
2 1.83% Colorado 43 34.40% 4233-4234
1 0.92% Tennessee 43 34.40% 4532-4539
1 0.92% Arkansas 41 32.80% 4811
1 0.92% Maine 41 32.80% 5239
1 0.92% Virginia 41 32.80% 5321
1 0.92% Louisiana 40 32.00% 5322
1 0.92% Utah 40 32.00% 5412
1 0.92% Vermont 39 31.20% 5419
1 0.92% Alabama 37 29.60% 6113
1 0.92% Delaware 37 29.60% 6219
1 0.92% North Dakota 37 29.60% 1123
0 0.00% Alaska 36 28.80% 3372
0 0.00% New Mexico 36 28.80% 4249
0 0.00% South Carolina 36 28.80% 4411
0 0.00% Rhode Island 35 28.00% 4421
0 0.00% Hawaii 34 27.20% 4511
0 0.00% Montana 34 27.20% 4529
0 0.00% New Jersey 34 27.20% 4852
0 0.00% Kentucky 30 24.00% 5182
0 0.00% Nebraska 30 24.00% 6117
0 0.00% Oklahoma 30 24.00% 6216
0 0.00% South Dakota 30 24.00% 6231
0 0.00% Indiana 28 22.40% 6241
0 0.00% Mississippi 28 22.40% 7114
0 0.00% New Hampshire 25 20.00% 7222
0 0.00% Puerto Rico 25 20.00% 8129
0 0.00% Wyoming 21 16.80% 9241
0 0.00% Georgia 20 16.00%
0 0.00% Virgin Islands 10 8.00%
0 0.00% No. Marianas Islands 7 5.60%
0 0.00% American Samoa 6 4.80%
0 0.00% Guam 6 4.80%
NAICS Industry Description # of Cases % of Cases
Pharmaceutical and Medicine Manufacturing 128 19.94%
Commercial Banking, Consumer Lending, and Mortgage Lending 39 6.07%
Insurance Carriers and Insurance Agencies/Brokerages 29 4.52%
Wired and Wireless Telecommunications Carriers 22 3.43%
Advertising, Public Relations, and Related Services 22 3.43%
Food and Beverage Manufacturing 21 3.27%
Petroleum and Coal Products Manufacturing 21 3.27%
Health and Personal Care Stores 20 3.12%
Tobacco Manufacturing 17 2.65%
Electric Power Generation, Transmission, and Distribution 15 2.34%
Internet Service Providers, Web Search Portals, & Data Processing 15 2.34%
Computer & Electronic Product Manufacturing 12 1.87%
Administrative and Support Services 11 1.71%
Motor Vehicle Manufacturing 10 1.56%
Newspaper, Periodical, Book, and Directory Publishers 10 1.56%
Gasoline Stations 9 1.40%
Department Stores 8 1.25%
Cable and Other Subscription Programming 8 1.25%
Scientific Consulting, etc. 8 1.25%
Waste Management 8 1.25%
Business, etc. Organizations 8 1.25%
Grocery Stores 7 1.09%
Nonstore Retailers 7 1.09%
Chemical Manufacturing 6 0.93%
Other Chemical Manufacturing 6 0.93%
Plastics and Rubber Product Manufacturing 6 0.93%
Various Metal Product Manufacturing 6 0.93%
Investment Banking and Securities Brokerage 6 0.93%
Residential Building Construction 5 0.78%
Medical and Diagnostic Laboratories 5 0.78%
Automotive Repair and Maintenance 5 0.78%
Apparel Manufacturing 4 0.62%
Glass and Cement Product Manufacturing 4 0.62%
Misc. Manufacturing 4 0.62%
Clothing Retailers 4 0.62%
Software Publishers 4 0.62%
Wood and Paper Manufacturing 3 0.47%
Electrical Equipment, Appliance, and Component Manufacturing 3 0.47%
Drugs & Druggists' Sundries Merchant Wholesalers 3 0.47%
Electronics and Appliance Stores 3 0.47%
Motion Picture and Video Industries 3 0.47%
General Medical and Surgical Hospitals 3 0.47%
Support Activities for Crop Production 2 0.31%
Coal Mining 2 0.31%
Metal Ore Mining 2 0.31%
Misc. Wholesalers 2 0.31%
Misc. Store Retailers 2 0.31%
Air Transportation 2 0.31%
Other Financial Investment Activities 2 0.31%
Automotive Equipment Rental and Leasing 2 0.31%
Consumer Goods Rental 2 0.31%
Accounting Services 2 0.31%
Other Consulting Services 2 0.31%
Colleges, Universities, and Professional Schools 2 0.31%
Other Ambulatory Health Care Services 2 0.31%
Poultry and Egg Production 1 0.16%
Furniture & Related Product Manufacturing 1 0.16%
Misc. Wholesalers 1 0.16%
Automobile Dealers 1 0.16%
Furniture and Home Furnishings 1 0.16%
Sporting Goods Stores 1 0.16%
Other General Merchandise Stores 1 0.16%
Bus Transportation 1 0.16%
Data Processing and Related Services 1 0.16%
Educational Support Services 1 0.16%
Home Health Care Services 1 0.16%
Nursing Care Facilities 1 0.16%
Individual and Family Services 1 0.16%
Agents for Public Figures 1 0.16%
Limited Eating Service Places 1 0.16%
Other Personal Services 1 0.16%
Government 62 9.66%
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