State Auditor May Not Retain Outside Counsel without Attorney General Approval or Opportunity to Represent Agency
State agencies in Mississippi may not retain private attorneys without first seeking representation from the attorney general, according to the Mississippi supreme court in White v. Jernigan Copeland Attys., PLLC, 346 So. 3d 887 (Miss. 2022). In 2012, Mississippi’s State Auditor entered into a memorandum of understanding with a law firm, retaining them for the…
Masterclass Series: Proactive Pretrial Practices for Defensive Litigation
Masterclass Series: Proactive Pretrial Practices for Defensive Litigation This program will explore how civil defense practitioners can advance the interest of their clients in the early stages of litigation through preemptive & tactical discovery techniques and pre-trial motions.
The Evolving Debate Over Batson’s Procedures for Peremptory Challenges
This article considers the procedures for obtaining a fair and representative jury, specifically the procedures established in Batson v. Kentucky, and then discusses proposals to strengthen steps one, two, and/or three of those procedures.
State Action Immunity Update
The state action immunity doctrine is an important protection for state regulatory boards and other non-state entities.
A Reinterpretation With Unintended Consequences: Did the USDOJ Just Declare Your State Lottery Illegal?
In sum, the 2018 Opinion could directly impact one of the state’s most meaningful sources of revenue—the state lottery.
Disaster Recovery: Spotlight on State Courts
The year-long presidential initiative for Attorney General Derek Schmidt has been a focus on innovative techniques that attorney general offices can use to serve their senior constituents. This article provides a road map as to how one state, the Oregon Department of Justice, is working to protect their citizens against elder fraud and abuse.
State Sovereign Immunity
Under the doctrine of "state sovereign immunity," a state cannot be sued in federal and state court without its consent, except in limited circumstances. This article walks through Supreme Court jurisprudence on sovereign immunity and explains the different regimes that states have adopted.