Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights. Here are last week’s updates.

Multistate

  • A coalition of 23 state attorneys general announced an amicus brief filed in the U.S. Supreme Court supporting the Affordable Care Act’s preventive care mandate, which requires private insurers to cover at no cost certain preventive services as determined by the Preventive Services Task Force (Task Force). Amici states argue that the Fifth Circuit erred in finding the Task Force violates the Appointments Clause of the U.S. Constitution, and that the preventive care mandate has improved public health outcomes.
  • A coalition of 18 state attorneys general announced an amicus brief filed in the U.S. District Court for the District of Maryland supporting Parents, Families and Friends of Lesbians and Gays (PFLAG), GLMA: Health Professionals Advancing LGBTQ+ Equality; and individual patients and their families (“Plaintiffs”). Plaintiffs challenge President Trump’s Executive Orders 14168 and 14187, which state that gender identity is a “false” idea and attempt to strip federal funding from institutions that provide gender affirming care for people under the age of 19. Amici states argue that this action unlawfully discriminates against transgender youth based on their identity.  
  • A coalition of 23 state attorneys general announced an amicus brief filed in the U.S. District Court for the District of Maryland, against the defunding or disbanding of the Consumer Financial Protection Bureau (CFPB). The state amici argue that the CFPB plays an important role in enforcement of federal consumer protection laws and preventing financial harm to consumers.

New York

  • New York Attorney General James announced a lawsuit against 13 major e-cigarette manufacturers, distributors, and retailers. AG James alleges that the defendant companies violated New York Executive Law § 63(12) and the federal PACT Act by engaging in persistent fraudulent conduct and violating delivery, registration, and reporting regulations. The complaint also raises tort claims including public nuisance, gross negligence, and unjust enrichment.

Massachusetts

  • Massachusetts Attorney General Campbell announced a lawsuit against HomeTap Management Holdings, LLC and Hometap Equity Partners, LLC (collectively “Hometap”). AG Campbell alleges that Hometap committed “Unfair or Deceptive Acts” in violation of Mass. General Laws c. 93A, § 2, including origination of illegal mortgage loans, usurious lending, and deceptive marketing.