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…
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…
