Bauknight v. Pope, No. 2010-CP-40-4900 (Ct. Comm. Pleas, Richland Cty. Sept. 21, 2016)

Parties in a private action sought to take the deposition of the attoney general.  The court held that deposing the attorney general would pose an undue burden because he was not attorney general when the suit was brought, the prior attorney general had been deposed, questioning the attorney general would likely take at least a…

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State v. Peake, 345 S.C. 72; 545 S.E.2d 840 (S.C. App. 2001), aff’d 353 S.C. 499 (S.C. 2003).

To resolve charges that he had violated state environmental regulations, John Peake entered into an agreement with the state Department of Health and Environmental Control (DHEC) under which he gave up title to a water treatment facility. After the agreement was reached, the matter was referred by the DHEC employee to the Attorney General. Peake…

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State v. Eli Lilly, 2007-CP-42-1855 (S.C. Ct. Comm. Pleas 7th Jud. Dist. 2009)

The Attorney General of South Carolina retained private attorneys to pursue a claim against Eli Lilly in connection with its marketing of the drug Zyprexa. The attorneys were hired on a contingency fee basis, and the Attorney General retained supervisory authority over the private attorneys. Eli Lilly challenged the state’s retention of counsel on a…

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Tobaccoville USA, Inc., v. McMaster, 387 S.C. 287; 692 S.E.2d 526 (S.C. 2010)

In the course of litigation related to the tobacco litigation and the Master Settlement Agreement, the Attorney General of South Carolina withheld documents on the grounds that they were protected by various privileges, including the attorney-client privilege, and that the privilege was not waived when the documents were shared with other states because of the…

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Attorney General v. Dallas, No. 27227 (S.C. Feb. 27, 2013).

After a messy will contest involving the estate of the singer James Brown, the parties reached an agreement under which a trust established by Brown’s will was dismantled and a new trust created, the trustees of which were to be appointed by the attorney general. The previous trustees appealed and the court disapproved the settlement,…

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