NAAG State Solicitors General & Appellate Chiefs Conference
September 15-16, 2022 San Francisco, California The conference will provide a forum in which state solicitors general and appellate chiefs can exchange ideas and obtain information that will help improve each state’s appellate practice. Among the expected speakers are Judges Leondra Kruger and Jeffrey Sutton, and Jeffrey Fisher, Pamela Karlan, Orin Kerr, Erin Murphy, and…
Supreme Court Report: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270 MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270. The question presented is whether during bankruptcy proceedings 11 U.S.C. §363(m) limits appellate jurisdiction over any…
Supreme Court Report: Ciminelli v. United States, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Ciminelli v. United States, 21-1271 Ciminelli v. United States, 21-1271. The Court will resolve “[w]hether the Second Circuit’s ‘right to control’ theory of fraud—which treats the deprivation of complete and accurate information bearing on…
Supreme Court Report: Percoco v. United States, 21-1158
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Percoco v. United States, 21-1158 Percoco v. United States, 21-1158. At issue is whether “a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental…
Supreme Court Report: Moore v. Harper, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Moore v. Harper, 21-1271 Moore v. Harper, 21-1271. Petitioners ask the Court to adopt what has come to be known as the “independent state legislature” theory. Their question presented is: “Whether a State’s judicial…
Survey of Recent Challenges to Federal Agencies’ Enforcement Powers and Potential Impacts on Consumer Protection
Introduction 1 In recent years, courts have decided several cases involving both the substance and timing of constitutional challenges to federal agency enforcement proceedings. Because the Supreme Court’s decision in AMG Capital v. FTC, 2 curtailing the Federal Trade Commission’s (FTC) enforcement abilities, has caused the FTC to increasingly rely upon administrative enforcement actions, any…
Review of the 2021 Supreme Court Term
Wednesday, July 27 at 2:00 p.m. – 3:30 p.m. ET United States Supreme Court decisions directly affect attorney general offices’ ability to enforce state laws and defend government officials’ conduct. In this program, NAAG’s Center for Supreme Court Advocacy will host two of the nation’s leading U.S. Supreme Court practitioners to discuss the Supreme Court’s recently…
Consumer Chief of the Month: Jason Evans, Michigan Attorney General’s Office
I joined the Michigan Department of Attorney General in 2005, after spending two years in private practice. Initially, I worked in our Public Employment, Elections & Tort Division, focusing on employment law cases and tort defense work. This assignment provided me with significant civil litigation experience. I represented multiple state agencies in state and federal…
Attorney General Consumer Protection News: June 2022
Multistate Actions Led by Connecticut Attorney General William Tong, Florida Attorney General Ashley Moody, and Washington Attorney General Bob Ferguson, 46 Attorneys General obtained a $1.25 multistate settlement with Carnival Cruise Line stemming from a 2019 data breach. Led by Nevada Attorney General Aaron Ford and Virginia Attorney General Jason Miyares a bipartisan group of…
Federal Consumer Protection News: June 2022
Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion affirming that federal law often prohibits debt collectors from charging “pay-to-pay” fees. These charges, commonly described by debt collectors as “convenience fees,” are imposed on consumers who want to make a payment in a particular way, such as online or by…
