Case Details

Issues

Common Law Powers

Filing State

MS

Court

U.S. District Court for the Northern District of Mississippi

Year

2010

Citation

Hood ex rel. Mississippi v. AstraZeneca Pharms., LP, 744 F. Supp. 2d 590 (N.D. Miss. 2010)

Resolution

Attorney general sued pharmaceutical company and company sought removal because the attorney general asserted claims on behalf of the state’s Medicaid program. The court held that federal law had not completely preempted the field in the context of Medicaid and the case should not be removed.

Case Description

In a Mississippi case in which the attorney general sued a pharmaceutical manufacturer for alleged false statements, the court stated, “the Attorney General is a constitutional officer possessed of all the power and authority inherited from the common law as well as that specifically conferred upon him by statute. This includes the right to institute, conduct and maintain all suits necessary for the enforcement of the laws of the State, preservation of order and the protection of public rights.