Commonwealth by Corbett v. Citizens Alliance for Better Neighborhoods, Inc., 983 A.2d 1274 (Pa. Comm. Ct. 2009)
The Attorney General of Pennsylvania sued a former state senator who had founded a charity, Citizens Alliance for Better Neighborhoods, Inc. Defendant was convicted on federal fraud charges for receiving non-profit funds. Defendant challenged the Attorney General’s complaint on the grounds that the Attorney General did not have standing to bring a parens patriae action…
County of Santa Clara v. Superior Court, 50 Cal. 4th 35; 235 P.3d 21 (Cal. 2010)
A line of California caselawhad prohibited all contingent fee contracts with outside counsel in government nuisance cases. The California supreme court narrowed its prior decision. In this case, the contingency fee contracts provided that the public entities’ government counsel “retain final authority over all aspects of the litigation.” The court held that contingent fee contracts…
Ex parte State of Alabama et al. (Pet. For Writ of Mandamus) No. 1090808 (Ala. May 21, 2010)
The Governor of Alabama created a Gambling Task Force. The order created a special prosecutor to serve as the commander of the Task Force, who, in that capacity, had statewide jurisdiction for investigations and prosecutions. The task force was led by a current district attorney. After a raid during which equipment was confiscated, several suits…
Mallinckrodt US, LLC v. Maine Dept. of Environmental Protection, 2012 Me. Super. LEXIS 146 (Me. Super. Nov. 1, 2012)
In connection with a decision of the Maine Board of Environmental Protection about cleanup of a hazardous waste site, the defendant alleged that the Board erred in not allowing evidence of “the allegedly conflicting roles of the assistant attorney generals who both prosecuted the case and have advised the Board in the past.” The court…
Spinelli v. Capital One Bank, USA, 2012 U.S. Dist. LEXIS 118667, (M.D. Fla. 2012)
Private plaintiffs filed a class action against Capitol One Bank. The parties reached a settlement, which was approved by the federal district court in Florida. The settlement covered natural persons in the United States who had enrolled in or been charged for Payment Protection by Capital One. A year and a half after the settlement…
People of the State of New York v. Miran, 964 N.Y.S. 2d 309 (N.Y. App. Div. 2013)
Defendants convicted of Medicaid and Medicare fraud challenged their convictions on the grounds that under New York caselaw, the Attorney General of New York “has no . . . general authority [to conduct prosecutions] and is without any prosecutorial power except when specifically authorized by statute.” In this case, the state health commissioner requested, pursuant…
Chairperson, Connecticut Medical Examining Board v. Freedom of Information Commission, 310 Conn. 276 (Ct. 2013).
AAG representing Board of Medical Examiners received letter pointing out possible conflict of interest in representation of both the Board and the Commissioner. State supreme court held that the AAG, not the board, would be a party to the conflict to interest claim. Second, the court noted, “[E]ven if the Office of the Attorney General…
Merck Sharpt & Dohme Corp. v. Conway, Attorney General, No. 3:11-51-DCR (E.D. Ky. May 24, 2013).
Attorney General sued defendant for consumer protection violations, using outside counsel who would e compensated by contingency fees to be withheld from any settlement award resulting from the litigaiton. The attorney general directed the litigation and all potential settlements. Defendant argued its due process rights were infringed because the private lawyers had a financial stake…
Ritz v. Elsener, No. 49C02-1310-PL-038953 (Marion Cir. Ct., Nov. 8, 2013).
In a dispute with the state Board of Education, the Superintendant of Public Instruction, represented by agency counsel, sued the individual members of the Board, seeking injunctive and declaratory relief. The Attorney General filed a motion to strike on the grounds that the AG was solely responsible for representation of the state. The court described…
Buquer v. City of Indianapolis, 2013 WL 1332137 (S.D. Ind. Mar. 28, 2013).
Plaintiffs had challenged an Indiana immigration statute. After the case was fully briefed by the plaintiffs and the state, the Supreme Court struck down an identical Arizona statute. The attorney general told the court that the would not defend the ruling and would accept the court’s ruling to that effect. Three state legislators sought to…
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