Category Archives: Litigation

Webinar on September 27: State AG Investigations – How to Fight Back!

In recent decades – and notably in the past eight months – state attorneys general have played a prominent role in making public policy through legal process on the state and national level. While most recent headlines have focused on AG efforts to affect national immigration policy, state AGs continue to wield substantial power over private companies and even whole industries. State AGs have the resources and the authority to change how a company conducts business;… More

Who’s the Boss? When State Governors and Attorneys General Clash

State governors and attorneys general typically find themselves on the same side of the law.  Nonetheless, an overwhelming majority of states directly elect their attorneys general. This framework creates a natural opportunity for conflicts to erupt, particularly when officials act to protect what they perceive to be equally legitimate interests.

One such drama is playing out in Rhode Island.  On May 18, 2014,… More

Exxon Case Against AGs Transferred to New York: Judge Kinkeade Fires a Parting Shot

On Wednesday, Judge Ed Kinkeade ordered that Exxon Mobil’s suit against NY Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey be transferred to the Southern District of New York. The AGs must be breathing sighs of relief this morning.

It’s a very curious order.  It’s 12 pages long, yet contains just one sentence explaining why the case is being transferred:

The United States District Court for the Southern District of New York is the proper venue for this case because “a substantial part of the events or omissions giving rise to the claim occurred” in New York City,… More

“Fourth Branch”? Hawaii Wins Nationwide TRO against the President’s Revised Immigration Ban

Once again, a State AG lawsuit has put the brakes on the President’s immigration ban. This one comes from Hawaii. Last week, Hawaii challenged the new ban in district court and moved for a temporary restraining order. On Wednesday, March 15, the court granted the motion.[1]

Hawaii challenged the President’s first ban in early February. That one barred the entry of citizens of seven Muslim-majority countries—as well as all refugees,… More