Supreme Court Report: Volume 31, Issue 5
December 18, 2023 Volume 31, Issue 5 This Report summarizes cases granted review on December 13, 2023 (Part I). Part I: Cases Granted Review FDA v. Alliance for Hippocratic Medicine, 22-235; Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine, 22-236. The Court will review a Fifth Circuit ruling holding “that respondents—doctors…
D.C. Court of Appeals Issues Decision on the Stored Communications Act and Attorney General Investigations
The D.C. Court of Appeals issued a detailed decision about the interplay between the Stored Communications Act (SCA), 18 U.S.C. §§ 2701 to 2711, and a subpoena issued by the D.C attorney general pursuant to the D.C. Consumer Protection Procedures Act (CPPA) (D.C. Code §§28-3901-3913). The District of Columbia attorney general issued a subpoena to…
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Michigan Attorney General May Select Venue for Suit Representing State Agency
The Michigan Department of Natural Resources (MDNR) as well as other federal, state, local and nongovernmental entities, reached an agreement in 1997 governing hydroelectric power projects in the Menominee River Basin, which includes northern Wisconsin and the Upper Peninsula of Michigan. This agreement, the Wilderness Shores Settlement Agreement (WSSA), provided that Wisconsin Electric (WE) agreed…
Supreme Court Report: Volume 31, Issue 4
Dec. 12, 2023 Volume 30, Issue 17 This Report summarizes an opinion issued on Dec. 5, 2023 (Part I); and cases granted review on Nov. 20 and Dec. 8, 2023 (Part II). Part I: Opinion Acheson Hotels, LLC, v. Laufer, 22-429. The Court dismissed the case as moot. At issue was whether…
2023 Annual Award Recipients Announced for Exceptional Service to the Attorney General Community
For Release: Embargo until Dec. 6, 2023 1:00 PM ET Contact: Staci Schneider 202-326-6000 x204 media@naag.org Twitter: @NatlAssnAttysGn 2023 Annual Award Recipients Announced for Exceptional Service to the Attorney General Community Washington, D.C. – The National Association of Attorneys General (NAAG) announced the recipients of its annual awards during the organization’s annual Capital Forum event…
Oregon Attorney General Ellen Rosenblum Elected as President of National Association of Attorneys General
For Release: December 6, 2023 10:00 AM ET Contact: Staci Schneider 202-326-6000 x204 media@naag.org Twitter: @NatlAssnAttysGn Oregon Attorney General Ellen Rosenblum Elected as President of National Association of Attorneys General Year ahead will focus on protecting, empowering youth Washington, D.C. – The National Association of Attorneys General, the nonpartisan national forum for America’s state…
Supreme Court Report: Volume 31, Issue 3
November 27, 2023 Volume 31, Issue 3 This Report summarizes cases granted review on November 3 and 13, 2023 (Part I). Part I: Cases Granted Review National Rifle Association of America v. Vullo, 22-842. The Court will resolve under what circumstances a government regulator’s actions urging regulated entities not to do business…
Recent Attorney General Powers and Duties Cases—In Brief | 2nd Quarter 2023
Arkansas—Johnson, a death-row prisoner, sought post-conviction DNA testing of pieces of evidence found at the crime scene under Arkansas’ Act 1780. The Arkansas supreme court affirmed a trial court’s denial of Johnson’s petition, holding that Act 1780 only authorizes DNA testing “if it can provide materially relevant evidence that will significantly advance the petitioner’s claim…
Only Attorney General, Not Other Attorneys for the State, May Submit Evidence on Review of State Records
Plaintiff, the Commissioner of the New York State Department of Agriculture and Markets, sought a default judgment against defendant, alleging that after the agency conducted two audits of the defendant’s retail store, plaintiff imposed fines on defendant for violations of New York’s agricultural laws, and defendant failed to respond. The court found that there was…
Recent Texas Decisions on Plaintiffs’ Standing to Sue the Attorney General
Several recent decisions have addressed the Texas attorney general’s role in enforcing state statutes and whether plaintiffs challenging those statutes have standing to sue the attorney general. The question of whether the attorney general is a proper party and may be sued has been addressed in three recent Fifth Circuit decisions as well as a…
