On July 26, 2018, a coalition of Democratic state attorneys general sued the Department of Labor to enjoin its new rule on association health plans, which was finalized in June. The Department promulgated the rule in response to an executive order from President Trump, signed in October 2017, that directed various federal agencies to encourage the growth of insurance options outside traditional insurance plans regulated by the Affordable Care Act (“ACA”),… More
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On April 13, 2018, Massachusetts’ highest court ended a significant chapter in Exxon’s long-running dispute with Attorney General Maura Healey. In 2015, Healey issued a Civil Investigative Demand regarding Exxon’s knowledge of the effects of fossil fuels on climate change. Exxon then undertook what a federal judge in New York last month called “a sprawling litigation involving four different judges, at least three lawsuits, innumerable motions and a huge waste of the [New York and Massachusetts] AGs’ time and money.” (You can read a full analysis of that decision by my colleague Seth Jaffe here.) Exxon’s actions in Massachusetts’ courts have been mercifully compact,… More
Democratic Attorneys General have continued their efforts to combat the Trump administration’s attempts to roll back environmental regulations developed under the Obama administration in two recent actions. Thirteen AGs, including Massachusetts AG Maura Healey, sent a letter last week to Scott Pruitt, the Administrator of the Environmental Protection Agency, threatening legal action if the agency takes steps to weaken or delay the greenhouse gas emissions standards that were established in 2012 for cars and light-duty trucks for model years 2022-2025.… More
In Maryland, unlike in some other states, the attorney general has historically required the governor’s or legislature’s express permission to undertake legal action against the federal government. In late February, that changed with the passage of the Maryland Defense Act of 2017, which would limit the ability of Maryland’s governor – Larry Hogan, a Republican – to stop lawsuits against the federal government brought by Maryland’s attorney general – Brian Frosh,… More
In the late evening on August 15, 2016, a 12-person jury in Norristown, Pennsylvania, unanimously convicted state Attorney General Kathleen Kane of two counts of felony perjury as well as a host of misdemeanor charges, including official oppression, obstruction, false swearing and conspiracy. Kane faces a maximum sentence of 28 years in prison, although Pennsylvania’s sentencing guidelines recommend a more lenient sentence.
Prosecutors charged Kane based on allegations that she leaked secret grand jury documents related to a 2009 embezzlement probe to retaliate against former prosecutors she believed had embarrassed her. … More
On February 25, 2016, Indiana AG Greg Zoeller became the sixth AG, along with those of Texas, Wisconsin, Kansas, Louisiana, and Nebraska, to join in a lawsuit challenging the implementation of the Health Insurance Providers Fee, as part of the Affordable Care Act. The state AGs argue that portions of the Fee, which is directed to certain health insurance providers, will be paid by states, which they allege violates the Constitution and several federal laws. … More