In multidistrict litigation pending in federal court in New York, Olha Rybakoff, senior counsel for Tennessee Attorney General Robert Cooper Jr., filed a consolidated brief on August 2 on behalf of 14 of those states arguing that their complaints should be sent back to state courts, where they originally were filed.

S&P, owned by McGraw Hill Financial Inc., is expected to oppose that motion by August 23, and U.S. District Judge Jesse Furman has scheduled an October 4 hearing on the issue.