Personal Jurisdiction Over Attorneys General in Out-of-State Federal Courts
Two recent decisions in California and Arkansas reached different conclusions as to the court’s jurisdiction over a state attorney general based on the issuance of civil investigative demands (CIDs). In the more recent case, Twitter, Inc. v. Paxton, No. 21-cv-01644 (N.D. Cal. May 11, 2021), the Texas Attorney General’s Office (AGO) issued a CID to…
Attorneys General Defeat Removal, Preemption Claims Based on Federal FDCA
In two recent consumer protection cases, the attorneys general of Georgia and Mississippi successfully opposed removal and preemption claims based on the federal Food, Drug, and Cosmetic Act (FDCA). A federal court remanded a consumer protection case removed by defendants in Georgia ex rel. Carr v. Elite Integrated Medical, No. 1:20-cv-4946 (N.D. Ga. Apr. 12….
Cases Discuss Criminal, Charitable, and Common Law Jurisdiction of State Attorneys General
Several recent cases have addressed the jurisdiction of state attorneys general in the areas of criminal law, charitable oversight, and common law powers. In a case involving the criminal jurisdiction of both the federal and the territorial courts in the Virgin Islands, the territorial court (Superior Court) held that the attorney general of the Virgin…
Attorney General Powers and Duties: Arizona Attorney General May Bring Statutory, but not Constitutional Claims Against State Agency
The Arizona attorney general, like those in a few other states, does not have common law authority, and the Arizona constitution provides that the powers and duties of the attorney general “shall be as prescribed by law.”1 Arizona statutes establish the Department of Law and provide that the department “shall . . . [a]t the…
Update on CAFA and Attorney General Actions
In 2016, the Supreme Court decided in Hood v. AU Optronics1 that the Class Action Fairness Act (CAFA), which allows defendants in “mass actions” in state court to remove those cases to federal court, does not apply in parens patriae actions brought by the attorney general where the state is the sole named plaintiff. Lower…
“Admitted to Practice,” “Practicing Lawyer,” “Active Practice”—What Attorney General Qualifications Mean
It is unusual for courts to decide on the qualifications for candidates for state attorney general, but it has happened in three states during the past two election cycles. Although it was the most recently decided, the California case about attorney general qualifications was filed before the 2018 election. A petition for writ of mandamus…
State Attorneys General Powers and Responsibilities
The fourth edition of the most authoritative and complete source about the powers and responsibilities of state attorney general offices.
Recent Powers and Duties Decisions
A report on the latest decisions across the country affecting the powers and duties of state and territory attorneys general.
Recent Powers and Duties Decisions
A report on the latest decisions across the country affecting the powers and duties of state and territory attorneys general.
NAAG Publishes 4th Edition of Book Exploring the Role of State Attorneys General
Washington, D.C. — The National Association of Attorneys General (NAAG) announced the publication of a new edition of “State Attorneys General Powers and Responsibilities,” the most authoritative and complete source for information about state attorney general offices. Now in its fourth edition, the book is the only publication that fully explores the unique office of state attorney general, including…
