Farmers Group Inc. v. Lubin, 222 S.W. 3d 417 (Texas 2007)

The Attorney General of Texas entered into a class action settlement with a group of insurance companies over inadequate disclosures and discrimination in homeowners’ rating practices that allegedly violated the state’s Insurance Code. The court of appeals reversed, holding the Attorney General could not bring a class action under the Insurance Code without naming individual…

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Colorado v. Warner Chilcott Holdings, No. 05-2182 (CKK), Magistrate Memorandum Order (D.D.C. May 8, 2007).

Thirty-five states brought an antitrust case against two pharmaceutical companies, alleging that the companies had conspired to prevent the marketing of a generic version of a contraceptive, Ovcon 35. Defendants sought discovery from the plaintiff states, through their Attorneys General, concerning purchases of oral contraceptives by state Medicaid agencies. The Plaintiff states argued that the…

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Hood ex rel. State Tobacco Litigation v. State by Barbour, 958 So. 2d 790 (Miss. 2007)

The Governor and the state Medicaid agency sought to overturn a trial court order which had directed that $20 million per year from the state’s settlement with the tobacco companies be provided to a private, non-profit entity. The Attorney General declined to bring the case. The court held that the Attorney General “is indeed the…

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State of Wisconsin v. Zien, 2008 WI App 153 (Wisc. Ct. App. 2008)

The Wisconsin Court of Appeals ruled that a former Attorney General has no authority to continue to litigate a case brought in his or her official capacity as the Attorney General. In addition, the Court of Appeals ruled that even if Lautenschlager was the orignial records requester and the Attorney General was enforcing her request,…

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Flying J, Inc. v. Van Hollen, 597 F. Supp. 2d 848 (E.D. Wis. 2009)

The Attorney General was given notice that a plaintiff was challenging the constitutionality of the state’s minimum mark-up for gasoline sales in Wisconsin. The attorney general did not intervene in the case, but later sued the defendants for violations of the Act. The defendant argued that the Attorney General should be collaterally estopped because he…

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State v. Young, 941 A. 2d 124 (R.I. 2008)

The state filed charges against a mother for second degree child abuse of her minor child. By the time the case came to trial, the child was an adult, and asked the the charges be dismissed and that she be reunited with her mother. The Family Court dismissed the charges at the pretrial stage without…

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Rhode Island v. Lead Industries Ass’n, 951 A.2d 428 (R.I. 2008).

Rhode Island brought a case against lead paint manufacturers alleging, among other claims, public nuisance claims. The Rhode Island Supreme Court dismissed the suit, but also upheld the Attorney General’s authority to hire outside counsel on a contingent fee basis. The court began by noting the broad authority given to the Attorney General by Rhode…

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State ex rel. Six v. Kansas Lottery, 186 P.3d 183 (Kan. 2008)

The Kansas Constitution banned lotteries unless they were controlled by the state. The attorney general filed an original action in quo warranto and mandamus challenging the constitutionality of the Expanded Lottery Act, on the grounds that the lottery was not sufficiently state-controlled. The district court found the lottery was constitutional and the Attorney General appealed….

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State ex rel. Morrison v. Sebelius, 285 Kan. 875, 179 P.3d 366 (Kan. 2008).

The Kansas legislature enacted a statute addressing protests at military funerals. The statute provided that the provisions of the Act regulating the time and place of protests at funerals would not become operative unless the Kansas Supreme Court or a federal court determined the funeral protest provisions were constitutional. The Act also directed the Attorney…

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Citizens Against Ruining the Environment v. Environmental Protection Agency, 535 F.3d 670 (7th Cir. 2008)

The Illinois EPA (IEPA) approved permits under the Clean Air Act for a number of coal-fired power plants in Illinois. The federal EPA did not object to the issuance of those permits. The Illinois Attorney General’s office and several environmental groups filed suit requesting the Administrator of the EPA to reject the permits. The Administrator…

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