Texas Court of Criminal Appeals Rules that Attorney General May Not Prosecute Election Law Violations
The Texas Court of Criminal Appeals recently ruled, on separation of powers grounds, that the attorney general of Texas does not have authority to prosecute violations of Texas’ election laws, and that a statute purporting to give the attorney general that power is unconstitutional. Texas v. Stephens, No. PD-1033-20 (Tex. Crim. App. Dec. 15, 2021)….
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….
Kansas Attorney General May Appeal Trial Court Decision After Intervening
The Kansas supreme court recently issued a decision on mask mandates which addressed the attorney general’s right to appeal after having intervened in the case. Butler v. Shawnee Mission Sch. Dist. Bd. of Educ., 2022 Kan. LEXIS 4 (Kan. Jan. 7, 2022). The school board of Shawnee Mission, Kansas adopted a mask mandate to address…
Recent Decisions on the Common Interest Doctrine and Multistate Cases
State courts in Minnesota and Vermont have reached different conclusions about whether documents produced and exchanged by state attorneys general, working together on investigations, are protected by the common interest doctrine from release under state public records acts. In each case, Energy Policy Advocates (EPA) made requests under the Minnesota and Vermont public records statutes…
Tennessee Attorney General Use of Investigative Demands Approved
A recent decision in Tennessee reaffirmed that attorney general’s civil investigative authority and upheld sanctions against a company who failed to produce the requested material. In In re Investigation of Wall and Assocs. 2021 Tenn. App. LEXIS 449 (Tenn. Ct. App. Nov. 12. 2021), the defendant was a provider of taxpayer services. The Tennessee attorney…
Lure of Direct Impact Draws Members of Congress into Attorney General Roles
State attorneys general have often sought other political offices after their service as chief legal officer of their state. Lately, incumbent and former members of Congress have decided to run for state attorney general instead. There’s a long-standing joke that “AG” doesn’t just stand for attorney general but for “aspiring governor” as well. At present…
State Attorneys General May Obtain Disgorgement of Profits Obtained Outside the State
A New York district court recently reaffirmed the right of state attorneys general to seek disgorgement on a national level from defendants in antitrust cases brought by the states. The decision in FTC et al. v. Vyera Pharmaceuticals, No. 20cv00706 (S.D.N.Y. Sept. 24, 2021) is particularly noteworthy because the Supreme Court recently limited the FTC’s…
Investigatory Authority of Hawaii Attorney General Affirmed
The Hawaii attorney general’s subpoena authority was recently upheld by the Hawaii supreme court in In re Investigation of KAHEA, 2021 Haw. LEXIS 213 (Haw. Sept. 20, 2021). The attorney general issued subpoenas to KAHEA, a community-based environmental justice organization that opposes development of a large telescope on Mauna Kea on the island of Maui….
Alaska Attorney General’s Common Law Powers Do Not Allow Suit Against Legislature
The reach of the Alaska attorney general’s common law powers was the central focus In Taylor v. Alaska Legislative Affairs Agency, No. 3AN-21-0639ICI (July 29, 2021). On June 16, 2021, the Alaska Legislature passed an appropriations bill to fund Alaska government for the year. The bill included a provision giving it effect on June 30,…
New Project Teaches Skills and Builds Community for Those Teaching Law Students About The Role Of State Attorneys General
“Students come to law school wanting to do good, but they leave wanting to do well.” That is what one of my law school professors told me more years ago than I will admit. Fortunately, at this significant time in our nation’s history, the current generation is quite serious about doing good and students are…
