Number: 98-344
Title: TOBACCO LITIGATION: CONSTITUTIONAL ISSUES RAISED BY PROPOSED FEDERAL LEGISLATION TO CAP ATTORNEYS' FEES
Authors: Henry Cohen, Robert Meltz, and Johnny H. Killian, American Law Division 
Abstract: Proposals have been made for Congress to enact a law placing a cap on the fees that states could pay attorneys they have retained to pursue litigation against tobacco companies to recover tobacco-related Medicaid expenditures or other causes of action. Such caps would apply to existing contracts. Consideration of a law imposing such caps has raised several constitutional issues: (1) Congress's commerce power, (2) due process, (3) the takings clause, and (4) federalism.
Pages: 13
Date: Updated April 8, 1998