In re Estate of Stern, 240 Ill.App.3d 834, 608 N.E.2d 534, 181 Ill.Dec. 461 (Ill. App. 4th Dist. 1993)
In a probate case, the Attorney General challenged a will which had been changed to benefit the testator’s housekeeperat the expense of a number of public charities. The housekeeper challenged the Attorney General’s standing, and the trial court dismissed the case. The court of appeals held that the Attorney General did have standing to challenge…
Humphrey v. Kleinhardt, 157 F.R.D. 404 (W.D. Mich. 1994)
Court held, “It has been long established that the Attorney General is the sole and proper legal representative of the State and its officers”
Gilmore v. Tauber, 40 Va. Cir. 56 (Va. Cir. Ct. 1995)
Attorney general’s common law powers include the power to enforce charitable trusts
State of Minnesota by Hatch vs. American Family Mutual Insurance Co., 609 N.W.2d 1 (Minn. Ct. App. 2000).
Minnesota Attorney General sued an insurance company alleging violations of consumer protection laws and insurance trade practice regulations. The defendant argued that the Attorney General did not have the authority to bring an action against the insurance company. The court of appeals held, “As the chief law officer of the state, the attorney general possesses…
In re Estate of Cappetta, 315 Ill.App.3d 414, 733 N.E.2d 426, 247 Ill.Dec. 962 (Ill. App. 2d Dist. 2000)
In probate case, claimants alleged fraudulent transfers by decedent, who was an attorney whose escrow account had disappeared. One of the claimants was the estate of a decedent who had left money to several charities. The Attorney General intervened in the case to protect the funds left to the charities. The court held that the…
Attorney General v. Michigan Public Service Com’n, 625 N.W.2d 16 (Mich.App. 2000)
AG challenged a decision of the state Public Service Commission, which was also represented by the AG’s office. Court held the attorney general must appoint independent counsel for an agency if the attorney general is an actual party opposing the agency. The court reviewed cases from a number of states and found a “majority rule…
Ciardi v. F. Hoffmann- La Roche, Ltd., 762 N.E.2d 303 (Mass. 2002)
“The Attorney General has both a common-law duty and a specific statutory mandate to protect the public interest and enforce public rights.”
Blumenthal v. Barnes, 261 Conn. 434, 463, 804 A.2d 152 (2002)
The office of the attorney general possesses only that common-law authority previously held by the state’s attorneys that the legislature has transferred to that office by way of legislation. The office of the attorney general is “a creature of statute” that is governed by statute and, thus, has no common-law authority.
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