Attorneys General Defeat Removal, Preemption Claims Based on Federal FDCA
In two recent consumer protection cases, the attorneys general of Georgia and Mississippi successfully opposed removal and preemption claims based on the federal Food, Drug, and Cosmetic Act (FDCA). A federal court remanded a consumer protection case removed by defendants in Georgia ex rel. Carr v. Elite Integrated Medical, No. 1:20-cv-4946 (N.D. Ga. Apr. 12….
Cases Discuss Criminal, Charitable, and Common Law Jurisdiction of State Attorneys General
Several recent cases have addressed the jurisdiction of state attorneys general in the areas of criminal law, charitable oversight, and common law powers. In a case involving the criminal jurisdiction of both the federal and the territorial courts in the Virgin Islands, the territorial court (Superior Court) held that the attorney general of the Virgin…
Attorney General Powers and Duties: Arizona Attorney General May Bring Statutory, but not Constitutional Claims Against State Agency
The Arizona attorney general, like those in a few other states, does not have common law authority, and the Arizona constitution provides that the powers and duties of the attorney general “shall be as prescribed by law.” Arizona statutes establish the Department of Law and provide that the department “shall . . . [a]t the…
Update on CAFA and Attorney General Actions
In 2016, the Supreme Court decided in Hood v. AU Optronics that the Class Action Fairness Act (CAFA), which allows defendants in “mass actions” in state court to remove those cases to federal court, does not apply in parens patriae actions brought by the attorney general where the state is the sole named plaintiff. Lower…
“Admitted to Practice,” “Practicing Lawyer,” “Active Practice”—What Attorney General Qualifications Mean
It is unusual for courts to decide on the qualifications for candidates for state attorney general, but it has happened in three states during the past two election cycles. Although it was the most recently decided, the California case about attorney general qualifications was filed before the 2018 election. A petition for writ of mandamus…
Recent Powers and Duties Decisions
A report on the latest decisions across the country affecting the powers and duties of state and territory attorneys general.
State Action Immunity Update
The state action immunity doctrine is an important protection for state regulatory boards and other non-state entities.
Recent Powers and Duties Decisions
A report on the latest decisions across the country affecting the powers and duties of state and territory attorneys general.
Recent Powers and Duties Decisions
This article reports on the latest decisions across the country affecting the powers and duties of state attorneys general.
Recent Powers and Duties Decisions
This article reports on the latest decisions across the country affecting the powers and duties of state and territory attorneys general.