The Commonwealth Court has reinforced the Pennsylvania Office of Attorney General's authority to enter a contingent fee agreement with an outside firm to investigate potential violations of consumer protection law, ruling against a challenge from the subjects of an investigation.

In an en banc decision Monday, the court dismissed a petition for review filed by a number of skilled nursing facilities, which alleged the OAG's contingent fee agreement with Cohen Milstein Sellers & Toll to investigate those facilities was improper.

“The facilities lack standing under Section 103 of the Commonwealth Attorneys Act to assert any claim with respect to the contingent fee agreement between OAG and Cohen Milstein or the participation of Cohen Milstein in OAG's investigations or enforcement actions under the Administrative Code or the Consumer Protection Law,” Senior Judge Dan Pellegrini wrote.