Supreme Court Report: Volume 31, Issue 9
This Report summarizes opinions issued on March 15 and 19, 2024 (Part I). Opinions Lindke v. Freed, 22-611. The Court unanimously held that a public official who prevents someone from commenting on his social media page engages in state action under §1983 only if the official (1) had actual authority to speak on the state’s…
Supreme Court Report: Volume 31, Issue 8
Trump v. Anderson, 23-719. In a per curiam opinion, the Court held that the states do not have authority to enforce Section 3 of the Fourteenth Amendment against federal officeholders and candidates; Section 3 may be enforced against federal officeholders only through legislation enacted by Congress.
Supreme Court Report: Volume 31, Issue 7
McElrath v. Georgia, 22-721. The Court unanimously held that the Double Jeopardy Clause bars retrial of a defendant for a crime on which he was previously acquitted―even where the jury’s verdict of acquittal on one criminal charge and its verdict of guilty on a different criminal charge arising from the same facts were logically and legally impossible to reconcile.
Recent Decisions on CID Enforcement
A number of recent decisions have addressed the enforcement of civil investigative demands (CIDs) and subpoenas issued by attorneys general. Massachusetts: A Massachusetts decision addressed the question of personal jurisdiction over the recipient of a CID issued by the Massachusetts attorney general. The state contracted with IDDC for protective gear during the COVID-19 pandemic. IDDC…
Capital Forum Event Explores the Brave New World of Artificial Intelligence
In many ways, 2023 was marked by dramatic transformations in the field of artificial intelligence (“AI”). The rise of generative AI models and stories of these models mimicking human conversation or passing state bar exams dominated news cycles and captivated the global imagination. Experts noted how advancements in generative AI are poised to inexorably disrupt…
Supreme Court Report: Volume 31, Issue 6
January 24, 2024 Volume 31, Issue 6 This Report summarizes cases granted review on January 5, 12, and 22, 2024 (Part I). Part I: Cases Granted Review Trump v. Anderson, 23-719. The Court will resolve whether the Colorado Supreme Court erred in ordering former President Donald Trump to be excluded from…
Attorney General Remedies Under Iowa Consumer Fraud Act Are Equitable, Not Legal, Do Not Require Jury Trial
The Iowa supreme court recently analyzed the state’s consumer protection statute and found that the attorney general’s enforcement of the statute does not require a jury trial because they are equitable, rather than legal. The Iowa attorney general sued several companies, alleging false and misleading claims in violation of Iowa’s Consumer Fraud Act (CFA) and…
Illinois Attorney General Must Produce Documents from Non-Party State Agencies
The state of Illinois sued Monsanto and several other companies alleging that they contaminated the environment by producing toxic polychlorinated biphenyls (PCBs) and caused environmental harm to the state’s air, water, wildlife and natural resources. Monsanto sought discovery from state agencies, arguing that that Illinois attorney general has a legal right to obtain those documents…
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…
note: This content requires site login.
