Announcements, information & updates from the Attorney General Alliance Members and Associates
September 30, 2022
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Western Attorneys General Litigation Action Committee will be hosting a meeting on October 17-18, 2022 for the Attorneys General and Staff that are members of the CWAG/WAGLAC Committee. In addition to the roundtable discussion of natural resource, environmental, and Indian law cases, there will be a legal seminar that Attorneys General and staff are welcome to attend virtually. The registration link is below.
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Illinois Attorney General Kwame Raoul and Nevada Attorney General Aaron Ford presented an oral argument in their lawsuit asking the federal government to acknowledge the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution. The ERA guarantees equal rights for all Americans regardless of their sex.
In the argument before the U.S. Court of Appeals for the District of Columbia, the Attorneys General contended that the federal archivist should be ordered to certify and publish the ERA in the official U.S. Constitution. According to Raoul and Ford, a lower court overlooked the special role that Article V of the Constitution gives states in the amendment process, improperly discounted the actions of their state legislatures in ratifying the Equal Rights Amendment, and gave too much weight to a seven-year ratification deadline that Congress included in its language proposing the amendment. Raoul and Ford initiated the lawsuit in 2020, but a lower-court judge dismissed it in March 2021 – a decision the attorneys general are now asking the appellate court to reverse.
Raoul and Ford’s lawsuit is supported by amicus briefs filed by approximately 86 business groups, 85 advocacy groups, 19 states and the District of Columbia, former state legislators, and constitutional law scholars.
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Virginia Attorney General Jason Miyares and legendary Virginia Tech football coach Frank Beamer announced a partnership with the National Child ID Program, to provide child ID kits to students in 6th, 7th, and 8th grades across the Commonwealth. The announcement took place before the West Virginia University vs. Virginia Tech football game.
This year, the National Child ID Program celebrates its 25th anniversary. The program was created by football coaches in 1997 following the abduction and death of Amber Hagerman, the namesake for the Amber Alert. Since then, over 75 million child ID kits have been distributed nationally via public-private partnerships.
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The program gives parents an easy-to-use kit for collecting and keeping identifying information about their children so that should their child ever go missing, it can be quickly turned over to law enforcement to aid in the child’s recovery. Generous support from Walmart and Southern Company will make the kit available for free to the parents of every Mississippi kindergartener in the coming year.
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New York Attorney General Letitia James continued her efforts to stand up for workers’ rights, leading a coalition of 15 attorneys general in filing an amicus brief to defend a New York City statute that requires just cause to fire or reduce the hours of a fast-food chain employee. This law, which took effect in 2021, requires fast-food chain restaurants in New York City to provide a valid reason — such as unsatisfactory performance, misconduct, or a legitimate economic concern — before firing or reducing the hours of an employee. The brief argues that the law passed by New York City does not violate the National Labor Relations Act or the Commerce Clause of the U.S. Constitution.
Joining Attorney General James in filing this brief are the attorneys general of California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.
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CWAG SUPPORTS GOOD SAMARITAN HARDROCK MINE CLEANUP BILL |
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The Conference of Western Attorneys General sent a letter to the U.S. Senate Environment and Public Works Committee in support of Senate Bill 3571 (the ‘bill”). The Bill, titled the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022, was introduced by New Mexico Senator Martin Heinrich in February 2022. The letter states that the existing legal framework deters would-be “Good Samaritan” entities from conducting voluntary cleanups at abandoned mine sites. The Bill would remove legal barriers and incentivize Good Samaritan cleanups through a new permitting program administered by the U.S. Environmental Protection Agency and federal land management agencies.
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MEDICAID FRAUD & ELDER ABUSE |
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Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud as well as abuse or neglect of residents in health care facilities and board and care facilities and of Medicaid beneficiaries in noninstitutional or other settings. MFCUs operate in each of the 50 States, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. MFCUs, are a part of the State Attorneys General community, they employ teams of investigators, attorneys, and auditors. The Medicaid Fraud Units are working hard to keep our elderly safe, below are recent happenings in the Attorney General Community. |
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The Arizona Attorney General's Office is working to protect the most vulnerable Arizonans through informative presentations by the AGO's Community Outreach and Education Coordinators, who travel the state teaching seniors about fraud and scams. |
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California Attorney General Bonta issued a statement on the first day of trial in the state’s lawsuit against American Airlines and JetBlue challenging an anticompetitive joint venture between the companies known as the Northeast Alliance. The Northeast Alliance allows American Airlines and JetBlue to function like a single carrier on routes to and from New York and Boston, posing a significant threat to competition in an industry already experiencing the impacts of consolidation through higher prices, lower-quality service, and fewer flights. In September 2021, Attorney General Bonta joined the U.S. Department of Justice and attorneys general from Arizona, the District of Columbia, Florida, Massachusetts, Pennsylvania, and Virginia, in filing a lawsuit against American Airlines and JetBlue alleging that the Northeast Alliance violates the federal Sherman Act.
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New York Attorney General Letitia James joined seven state securities regulators in suing cryptocurrency companies Nexo Inc. and Nexo Capital Inc. (Nexo), for failing to register with the state as securities and commodities brokers or dealers and for lying to investors about their registration status. Despite warnings from the Office of the Attorney General to register as a securities and commodities broker or dealer, Nexo failed to register and misrepresented to investors that they are a licensed and registered platform. In New York, entities engaging in the offer, purchase, or sale of securities or commodities, including cryptocurrency platforms, must register with OAG if they are operating within the state or offering their products to New Yorkers. Through her lawsuit, Attorney General James seeks disgorgement of any revenues derived from Nexo’s unlawful conduct and restitution for investors.
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Indiana Attorney General Todd Rokita warns Hoosiers to avoid scams this fall. This is a popular time to travel, move, and undertake home improvement projects, but it’s also a time for scammers to find new victims.
To prevent the headache of being scammed by a contractor, the Office of the Indiana Attorney General and the Indiana Builders Association offers the following tips to avoid falling victim to a home repair scam: Ask your around for contractors people you know who have used who have done good work; Before signing a contract or making a payment, look for complaint information on contractors you are considering; Get multiple bids from local contractors; Never pay for the entire project before the work begins; Don’t make the final payment to the contractor until you know all suppliers of materials and all subcontractors have been paid.
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Reproductive rights are defined as a class of human rights associated with reproductive health and autonomy. They may include the right to plan a family, use birth control, receive sex education in public schools, end a pregnancy, and access reproductive health services. The legal contours of these rights vary widely.
Conflicting views regarding the ethical, moral, and religious status of things like birth control, abortion, and family planning often lead to emotionally and politically charged controversy. The resulting debate touches on some of the most sensitive issues in society. For example, the most controversial aspect of the reproductive rights debate has long been abortion. With the latest Supreme Court ruling, Attorneys General on both sides of the issue are working hard to represent their states and constituents.
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Utah Attorney General Sean Reyes will speak on Thursday, November 3, at the Loss Prevention Magazine, Loss Prevention Foundation Board of Directors, and Retail Industry Leaders Association Asset Protection Legal Council meeting.
Attorney General Reyes has partnered with several companies, federal partners, and local agencies including the Utah Department of Public Safety, to create the Utah CASE Task Force. CASE began in August 2020 and is made up of multiple agencies consisting of local and state investigators.
CASE has onboarded dozens of complex organized retail crime cases, varying from single individuals committing large-scale offenses, to traveling groups of people committing large scales theft and fraud, causing a loss of millions of dollars.
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The Vermont Attorney General’s Office joins in on the sixth annual Vermont Legal Community Fighting Hunger Food Drive. The drive raised $13,854 for the Vermont Foodbank and collected over 650 items that were donated to local food shelves or meal sites. This two-week fundraiser, held each year in September during Hunger Action Month, is organized by the Attorney General’s Office, the Vermont Bar Association, and the Vermont Paralegal Organization in partnership with the Vermont Foodbank. In the six-year history of the food drive, Vermont’s legal community has raised more than $63,000 and collected over 11,000 food items. |
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AGA Sponsor LexisNexis Legal & Professional and some of its employees, Elsevier, and LexisNexis Risk Solutions helped put together 400 sandwiches for the homeless in New York City for "One Sandwich At A Time", during Hunger Action Month. We are proud to highlight their work and the employees as they give back to their communities!
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Missed our live programs? No problem! Follow the button below to visit our Virtual Seminar Library for access to all recordings.
Do you have a webinar topic suggestion? We want to hear from you! Please email ideas to Patricia Salazar at PSalazar@AGAlliance.org.
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CWAG Executive Committee
AG Alliance Co-Chairs
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Attorney General Alliance 5050 | Laguna Blvd., Ste. 112-323 | Elk Grove, CA 95758
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