Pending Consumer Actions
These consumer protection cases were filed on behalf of the State of Idaho and are not “class action” lawsuits.
This is not an exhaustive list of the office’s ongoing litigation. The Attorney General encourages consumers who lost money due to the actions of the defendants identified in the following cases to file a complaint with his Consumer Protection Division.
If you have questions about the consumer protection violations alleged in the cases identified on this page, please contact the Consumer Protection Division. For general questions about your legal rights or options, please consult with a private attorney.
(Listed in alphabetical order by defendant)
June 8, 2007
State of Idaho vs. Aventis Pharmaceuticals Inc.; Forest Laboratories, Inc.; Mylan Inc.; Mylan Pharmaceuticals Inc.; Novartis Pharmaceuticals Corp.; Pfizer Inc.; Pharmacia Corp.; Schering-Plough Corp.; Smithkline Beecham Corp., d/b/a GlaxoSmithKline; Warrick Pharmaceuticals Corporation
(Idaho District Court for the Fourth Judicial District) (Ada County Case No. CVOC07-10318) (OAG File No. 28342-127737)
The Attorney General’s lawsuit alleges that the defendant falsely reported the average wholesale price of its drugs, causing Idaho Medicaid to reimburse Medicaid providers for these drugs at rates higher than what they would have reimbursed had defendant reported true prices. Read the lawsuit.
Current Status:
- Complaint filed June 8, 2007.
- Defendants’ Motions to Dismiss filed August 31, 2007.
- Defendants’ Motion for Protective Order filed October 26, 2007.
- Court’s Memorandum Decision and Order denying Defendants’ Motions to Dismiss entered April 11, 2008.
- Defendants’ Answers to Complaint filed May 14 through May 16, 2008.
- On January 12, 2011, the State settled with Defendants Schering-Plough Corp. and Warrick Pharmaceuticals Corp.
- January 24, 2012, the State settled with Defendants Mylan Inc. and Mylan Pharmaceuticals, Inc.; The court approved the settlement on January 27, 2012.
- April 12, 2012, the State settled with SmithKline Beecham Corp. d/b/a GlaxoSmithKline; The court approved the settlement on April 13, 2012.
- The State settled with Forest Laboratories. The court approved the settlement on June 1, 2012.
- The State settled with Watson Pharma, Inc. and Watson Pharmaceuticals, Inc. The court approved the settlement on July 12, 2012.
- The State settled with Aventis Pharmaceuticals Inc. The court approved the settlement on July 31, 2012.
- The State settled with Pfizer Inc. and Pharmacia Corp. The court approved the settlement on December 27, 2012.
- Trial is scheduled in December 2013 for the remaining defendant, Novartis Pharmaceuticals.
April 16, 2013
State of Idaho vs. CoiNuts, Inc., Kevin Evrard Mitchell, and Sarah Marie Mitchell
(First Judicial District for the State of Idaho) (Kootenai County Case No. CV13-2769)
The Attorney General alleges the Defendants accepted money from multiple consumers as payment for gold and silver coins that Defendants failed to deliver to the purchasing consumers. Read the lawsuit.
Current Status:
- Complaint filed April 16, 2013.
July 14, 2006
State of Idaho, et al. vs. Infineon Technologies AG; Infineon Technologies North America Corp.; Hynix Semiconductor, Inc.; Hynix Semiconductor America, Inc.; Micron Technology, Inc.; Micron Semiconductor Products, Inc.; Mosel Vitelic, Inc.; Mosel Vitelic Corp.; Nanya Technology Corporation; Nanya Technology Corporation USA, Inc.; Elpida Memory, Inc.; Elpida Memory (USA) Inc.; NEC Electronics America, Inc.
(United States District Court, Northern District of California) (Case No. C06-4333 SC) (OAG File No. 28068-126859)
The Attorney General alleged that the defendants agreed with their competitors to fix DRAM prices, causing the price of DRAM and products containing DRAM, such as computers, laptops, and servers, to be higher than what they would have been absent the agreement and action by the defendants. Read the lawsuit.
Current Status:
- Complaint was filed July 14, 2006.
- Third Amended Complaint filed November 7, 2007.
- Settlement announced January 23, 2007 with defendants Samsung Electronics Company Ltd.; and Winbond Electronics Corporation and their applicable subsidiaries.
- Defendants Amended Answers filed September 2007.
- Settlement announced June 24, 2010 with defendants Elpida Memory Inc.; Hynix Semiconductor, Inc.; Infineon Technologies A.G.; Micron Technology, Inc.; Mosel-Vitelic Corp.; NEC Electronics America, Inc; and their applicable subsidiaries; case against Nanya Technology Corp. continues.
- Settlement process being implemented and subject to court review.
February 5, 2013
State of Idaho, through Attorney General Lawrence Wasden v. The McGraw-Hill Companies, Inc. and Standard & Poor's Financial Services LLC.
(Idaho District Court for the Fourth Judicial District) (Ada County Case No. CVOC1302154)
The Attorney General alleges that defendants made misleading and deceptive statements to Idaho consumers about the characteristics of its analytical services, in violation of the Idaho Consumer Protection Act. Read the lawsuit. (link to complaint)
Current Status:
- Complaint filed February 5, 2013.
- Defendants removed case to Federal Court March 6, 2013.
- Defendants filed a motion to transfer the case for coordinated or consolidated proceedings before the United States Judicial Panel on Multidistrict Litigation on March 8, 2013.
- State filed motion to remand on March 18, 2013.
- State filed opposition to the motion to transfer the case for coordinated or consolidated proceedings before the United States Judicial Panel on Multidistrict Litigation on April 2, 2013. A hearing is set for May 30, 2013 on this particular issue.
August 14, 2008
State of Idaho by and through the Lawrence G. Wasden, Attorney General, and the Idaho State Tax Commission vs. Native Wholesale Supply Company, a corporation, and Does 1 through 20.
(Idaho District Court for the Fourth Judicial District) (Ada County Case No. CVOC08-15228) (OAG File No. 150730-201509)
The Attorney General alleged that defendant violated Idaho’s Tobacco Master Settlement Agreement Complementary Act and applicable Idaho cigarette tax laws as a result of its cigarette sales to Idaho retailers. Read the lawsuit.
Current Status:
- Verified Complaint filed August 14, 2008.
- Removed to Federal Court September 17, 2008.
- Remanded to State Court April 7, 2009.
- State filed Motion for Preliminary Injunction on April 9, 2009.
- Defendant filed Motion to Dismiss on May 6, 2009.
- Court’s Memorandum Decision and Order denying Defendant’s Motion to Dismiss and granting State’s Motion for Preliminary Injunction on May 20, 2010.
- State filed Motion for Summary Judgment on June 23, 2010.
- Court granted State’s motion for summary judgment and judgment was entered on April 11, 2011.
- Native Wholesale Supply appealed on May 5, 2011 and the case is now pending in the Idaho Supreme Court.
March 12, 2013
Federal Trade Commission and State of Idaho vs. St. Luke's Health System, Ltd and Saltzer Medical Group, P.A.
(United States District Court for the District of Idaho) (Case No. 1:13-cv-00116-BLW)
The Federal Trade Commission and the Attorney General's lawsuit alleges that the acquisition by St. Luke's of the Saltzer Medical Group will substantially lessen completion for healthcare services in and around Nampa, Idaho, in violation of federal and state antitrust and competition law. Read the unsealed Complaint here.
Current Status:
- Complaint filed March 12, 2013 under seal.
- Complaint unsealed by Court order March 25, 2013.
