Seventh Circuit Reaffirms Independence of Indiana Attorney General

The U.S. Court of Appeals for the Seventh Circuit reaffirmed the Indiana attorney general’s independence in a recent decision in an employment discrimination suit against the former attorney general of Indiana. The former attorney general had been present at a party held on the final day of the legislative session and allegedly verbally and physically…

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Arkansas Supreme Court Addresses Immunity Defenses for Attorney General

The Arkansas Supreme Court recently clarified how sovereign immunity and statutory immunity apply to actions of the attorney general in Rutledge v. Remmel, 2022 Ark. 86 (Ark. 2022). Plaintiffs sued the attorney general in both her official and her individual capacity, seeking both injunctive and monetary relief. They alleged that the attorney general had filed…

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Korean Company Has Sufficient Nexus with State to Permit Gas Price Manipulation Suit by California Attorney General

A recent decision by the California Court of Appeal clarified that, to demonstrate the court’s personal jurisdiction over a defendant in an antitrust case, the attorney general must simply establish that a defendant’s activities directed at the California market have a direct nexus with the anticompetitive conduct alleged in the complaint. SK Trading International Co….

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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….

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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…

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