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…
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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…
Supreme Court Report: Volume 31, Issue 2
October 27, 2023 Volume 31, Issue 2 This Report summarizes cases granted review on October 13 and 20, 2023 (Part I). Part I: Cases Granted Review Murthy v. Missouri, 23-411. The Court stayed a district court injunction, as modified by the Fifth Circuit, that limited the ability of various federal officials and…
Supreme Court Report: Volume 31, Issue 1
October 12, 2023 Volume 31, Issue 1 This Report summarizes cases granted review on September 29, 2023 (Part I). Part I: Cases Granted Review Moody v. NetChoice, LLC, 22-277. A Florida law targets censorship on major social media platforms like Facebook, YouTube, and X (formerly known as Twitter) by regulating the platforms’…
July Consumer Protection Chief of the Month
I was excited to take on the role of Chief of the Consumer Protection Division at the Massachusetts Attorney General’s Office in May of this year, after nearly seven years serving as an Assistant Attorney General in the Consumer Protection Division, and most recently as its Managing Attorney. In Massachusetts, we are fortunate to have…
State Attorney General, Federal Agency and Other Consumer Protection News: July 2023
Multistate Actions A bipartisan coalition of fifty-one attorneys general and the Federal Trade Commission (FTC) announced a telemarketing fraud enforcement sweep: Operation Stop Scam Calls. The initiative which included more than one hundred federal and state law enforcement partners nationwide, targets telemarketers and the companies that hire them and takes action against lead generators who…
The Future of Section 230 | What Does It Mean For Consumers?
The Legal Framework Before the Supreme Court Section 230 of the Communications Decency Act of 1996[1] was enacted to provide social media platforms with legal protections for the content that users post on their sites, while allowing the sites to serve as forums for free speech. By specifying that internet platforms would not be treated…
State Attorney General, Federal Agency and Other Consumer Protection News: June 2023
State Attorney General, Federal Agency and Other Consumer Protection News Multistate Actions Led by Wisconsin Attorney General Joshua Kaul, a bipartisan coalition of forty-two attorneys general announced a $102.5 million settlement with Indivior, Inc. for alleged illegal monopoly tactics in connection with the drug Suboxone, a drug used to treat opioid use disorder. The states’…
