Chun v. Bd. of Trustees of the Employees’ Retirement Sys., 952 P.2d 1215 (Haw. 1998)
In Hawaii, the supreme court has recognized that due to the [Attorney General’s] statutorily mandated role[s] in our legal system, we cannot mechanically apply the [Hawaii] Code of Professional Responsibility to the [Attorney General’s] office. . . . In large part, this is because . . . when the client is a governmental organization ….
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…
Holloway v. Ark. State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002), aff’d in part and rev’d in part, Holloway v. Ark. State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003)
In holding that the attorney general did not need to be disqualified, the court stated, “The Model Rules of Professional Conduct contain no specific exemptions for the Attorney General and his assistants. Therefore, as a lawyer and officer of the court, the Attorney General is subject to the Model Rules of Professional Conduct. . ….
Defenders of Wildlife v. Johanns, 2005 U.S. Dist. LEXIS 34455 (N.D. Cal. 2005)
The attorney general could intervene as of right in an environmental case brought against the federal government because although state statutes did not authorize suit against the federal government, “the attorney general does retain authority under common law to sue the federal government to protect the State’s interests.”
Hood v. Microsoft Corp., 428 F.Supp.2d 537, 546 (S.D. Miss. 2006)
The attorney general of Mississippi brought parens patriae antitrust claims. The federal court held, “This type of prospective relief goes beyond addressing the claims of previously injured organizations or individuals. It is aimed at securing an honest marketplace, promoting proper business practices, protecting Mississippi consumers, and advancing Mississippi’s interest in the economic well-being of its…
Commonwealth v. Powers Fasteners, Crim. No. 07-10802 (Sup. Ct. Suffolk Cty. Dec. 12, 2007).
A person was killed when a section of ceiling tile fell from a tunnel in Boston’s “Big Dig” road project. A grand jury convened by the Attorney General indicted Powers Fasteners. Shortly thereafter, the state’s Highway Department, which was represented by the Attorney General, sued Powers Fasteners and fifteen other defendants, alleging gross negligence and…
Colorado v. Warner Chilcott Holdings, No. 05-2182 (CKK), Magistrate Memorandum Order (D.D.C. May 8, 2007)
For discovery purposes, state agencies need to be served with third party subpoenas, rather than party discovery, because they are not controlled by the attorney general.
Correia v. Town of Alton, 2008 N.H. Super. LEXIS 19 (N.H. Super. Ct. 2008).
the court stated that even if the assistant attorney general had commingled investigative and adjudicatory functions, the defendant would still need to show “actual bias” through “evidence that [the assistant attorney general] had a pecuniary interest in the outcome of the case, had become personally embroiled in criticism from [the defendant], had heard evidence in…
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