Posts Tagged ‘attorneys general’

Banking and finance roundup

August 15 roundup

Environment roundup

  • California state agency in charge of Prop 65 enforcement seeks to effectively reverse judge’s recent ruling and exempt naturally occurring acrylamide levels in coffee from need for warning [Cal Biz Lit] Prop 65 listing mechanism requires listing of substances designated by a strictly private organization, spot the problem with that [WLF brief in Monsanto Co. v. Office of Environmental Health Hazard Assessment]
  • Yes, those proposals to ban plastic straws are a test run for broader plastic prohibitions [Christian Britschgi, Honolulu Star-Advertiser] Impact on disabled users, for whom metal, bamboo, and paper substitutes often don’t work as well [Allison Shoemaker, The Takeout] Surprising facts about fishing nets [Adam Minter, Bloomberg, earlier]
  • “A closely watched climate case is dismissed; Will the others survive?” [Daniel Fisher on dismissal of San Francisco, Oakland cases] Rhode Island files first state lawsuit, cheered by mass tort veteran Sen. Sheldon Whitehouse (D-R.I.) [Spencer Walrath/Energy in Depth, Mike Bastasch/Daily Caller]
  • Meanwhile back in Colorado: Denver Post, Gale Norton, other voices criticize Boulder, other municipal climate suits [Rebecca Simons, Energy in Depth, earlier here and here]
  • Waters of the United States: time to repeal and replace this unconstitutional rule [Jonathan Wood, The Hill, earlier on WOTUS]
  • “What you’re talking about is law enforcement for hire”: at least nine state AG offices “are looking to hire privately funded lawyers to work on environmental litigation through a foundation founded by” nationally ambitious billionaire and former NYC mayor Michael Bloomberg [Mike Bastasch]

Judge skeptical toward New York City climate lawsuit

“New York City’s attempt to hold five of the world’s biggest oil companies responsible for damage from global warming didn’t seem to impress a judge during oral arguments Wednesday to determine if a lawsuit can proceed.” Judge John F. Keenan grilled the city about its standing to sue, its own investments in the energy sector, and its attempt to dress up an already-lost challenge to emissions as a not-yet-tried challenge to sales of products resulting in emissions.

“Aren’t the plaintiffs using the product?” Keenan asked. “Does the city have clean hands?”

“Yes, the city uses fossil fuels,” [plaintiff’s attorney Matthew] Pava responded.

[Larry Neumeister, AP/ABC News] More: John O’Brien/Forbes, Erin Mundahl, Inside Sources (15 state attorneys general file amicus brief on defendants’ side]

May 30 roundup

  • “Leave your 13-year-old home alone? Police can take her into custody under Illinois law” [Jeffrey Schwab, Illinois Policy]
  • So many stars to sue: Huang v. leading Hollywood names [Kevin Underhill, Lowering the Bar]
  • Morgan Spurlock’s claim in 2004’s Super Size Me of eating only McDonald’s food for a month and coming out as a physical wreck with liver damage was one that later researchers failed to replicate; now confessional memoir sheds further doubt on baseline assertions essential to the famous documentary [Phelim McAleer, WSJ]
  • If you’ve seen those “1500 missing immigrant kids” stories — and especially if you’ve helped spread them — you might want to check out some of these threads and links [Josie Duffy Rice, Dara Lind, Rich Lowry]
  • “Antitrust Enforcement by State Attorney Generals,” Federalist Society podcast with Adam Biegel, Vic Domen, Jennifer Thomson, Jeffrey Oliver, and Ian Conner]
  • “The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.” [Jacob Sullum, more, Scott Greenfield, earlier on hate crimes model for “Protect and Serve Act”]

Department of Justice, state AGs intervene in class action settlements

Dusting off rarely used powers held under the Class Action Fairness Act, the U.S. Department of Justice and some state attorneys general have begun to file in opposition to class action settlements. In a case against defendants Ashburn Corporation and online discount wine retailer Wines ‘Til Sold Out (WTSO), which had already drawn objections from CEI’s Ted Frank, DoJ and AGs from 19 states succeeded in getting some settlement terms rewritten, in a deal then denied final approval by the trial judge, who saw additional problems. [Alison Frankel, Reuters; Perry Cooper, Bloomberg Law and more; Nicholas Malfitano, Legal Newsline] For Arizona Attorney General Mark Brnovich, the wine case was the ninth in which his office had intervened against a class settlement it viewed as unfair [Brnovich press release] “If your state’s AG isn’t joining the briefs of the bipartisan coalition led by Arizona defending consumers against class action abuse, you should be asking their office some tough questions.” [@tedfrank on Twitter]

Un-forthcoming Schneiderman loses another round to CEI

A New York appellate court has upheld an order that New York Attorney General Eric Schneiderman pay counsel fees to the Competitive Enterprise Institute for having resisted required disclosure of the “AGs United for Clean Energy” secrecy agreement [Anna St. John, CEI; Chris White, Daily Caller]

Attorneys general began tangling with CEI in April of 2016, and have experienced repeated setbacks in courtroom battles since then.

March 28 roundup

Ninth Circuit finds public sector contingency fees constitutional

The use of contingency fees by governmental plaintiffs incentivizes sharp practice and overzealous litigation in lawyers charged with representing the general public; it also invites corruption and end runs around democratic legislatures intended at making law through litigation. All these evils manifested themselves in the tobacco and gun rounds of mass litigation, and there are some cases offering precedent for the proposition that their use can violate defendants’ rights to due process. Nonetheless, the Ninth Circuit has lately upheld a California district attorney’s hiring of outside law firms on a contingency basis against such a challenge [Amanda Bronstad, The Recorder] And the Supreme Court last month refused to review a challenge to the New Hampshire attorney general’s use of contingency-fee counsel in an opioids suit against Endo Pharmaceuticals [Peter Hayes and Steven M. Sellers, Bloomberg, in a piece surveying current use of public contingency fees more broadly]