[June 09, 2014]CHICAGO – Attorney General Lisa
Madigan today announced that the National Association of Attorneys
General (NAAG) awarded a team of lawyers from her appellate division
with a “NAAG Best Brief Award” for two legal briefs filed with the U.S.
Supreme Court.
Former Solicitor General Michael A. Scodro, former Deputy Solicitor
General Jane Elinor Notz, and Assistant Attorneys General Brett E.
Legner, Nadine Jean Wichern, Eldad Malamuth and Clifford W. Berlow were
named as recipients of the awards for writing briefs in two cases,
Mississippi ex rel. Hood v. AU Optronics Corp., which was decided in
January 2014, and Harris v. Quinn, which is expected to be handed down
this month.
“These awards are a testament to the extraordinary talent of our
appellate lawyers who ensure the interests of the people of Illinois
are effectively represented before the U.S. Supreme Court,” Madigan
said. “I am proud that they are receiving this national recognition
for their work.”
In Harris v. Quinn, the case centered on the question whether a
State may authorize Medicaid-funded home care providers to elect a
union as their exclusive representative and, if the home care
providers elect union representation, require them to pay a
fair-share fee to fund the union’s collective bargaining activities
with the State. The Attorney General’s Office represents Governor
Quinn, who is one of the respondents, and filed a brief urging the
Supreme Court to uphold two lower court decisions that rejected a
challenge to how Illinois administers its home care program for
Medicaid recipients. The brief argued that Illinois’ current
approach allows for Medicaid recipients to remain in their homes,
while receiving quality care from a stable, well-qualified work
force.
In Mississippi ex rel. Hood v. AU Optronics Corp., Madigan’s office
filed an amicus curiae brief on behalf of Illinois and 45 other
States. The case centered on the question when federal law allows
removal to federal court of lawsuits filed in state court by state
attorneys general on behalf of consumers. Madigan’s attorneys argued
that the U.S. Court of Appeals of Fifth Circuit improperly ruled to
remove a case to federal court after it was filed in state court by
the Mississippi Attorney General against a number of liquid crystal
display (LCD) manufacturers. The Mississippi Attorney General’s
lawsuit alleged that the manufacturers defrauded Mississippi
consumers by engaging in a conspiracy to fix prices for LCD panels.
The U.S. Supreme Court unanimously ruled in the States’ favor,
issuing an opinion that declared that although federal law allows
defendants in certain class action suits to remove the case to
federal court, the Mississippi lawsuit does not qualify for removal
because it was filed on behalf of the general public. The Supreme
Court reversed the Fifth Circuit’s opinion and remanded the case to
state court.
The awards were announced today at the NAAG annual summer meeting.
The NAAG’s Best Brief awards are given each year in recognition of
excellence in brief writing submitted to the U.S. Supreme Court by
state government attorneys. The briefs were judged by a panel of
independent Supreme Court experts.
[Text received; OFFICE OF THE
ILLINOIS ATTORNEY GENERAL]
