The Use of Monitors by State AGs – Multi-state Litigation in the Post-Tobacco Era 


In Part 3, we consider the role of state AGs in multi-state litigation in the post-tobacco era. Despite the challenges posed by the tobacco settlement, state AGs used the new-found collective power to exercise their jurisdiction in a number of areas. However, settlement of these cases became more complicated than it had been before as no defendant wanted to become “the next tobacco” or more specifically, the next potential deep-pocket for the state AGs to target. While governors and legislators certainly wanted to take advantage of this new potential revenue stream, a number of states took steps to limit the circumstances when the AG could hire outside counsel, or to regulate the selection process through which a counsel could be retained. 

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