Commonwealth ex rel. Hancock v. Paxton, 516 S.W.2d 865 (Ky. 1974).
Attorney general may lawfully question the constitutionality of a state law, and the court rejected a contention that the attorney general’s duties were limited to representing the “Commonwealth,” that is, the hierarchy of officers, departments, and agencies heading the executive branch of government. The court said: It is true that at common law the duty…
Commonwealth. ex rel. Cowan v. Wilkinson, 828 S.W.2d 610 (Ky. 1992)
Governor appointed himself to the board of trustees of the state university. Attorney General challenged appointment, which was upheld by the state supreme court, but attorney general’s ability to challenge the governor’s action was recognized.
Kentucky ex rel. Stumbo v. Marathon Petroleum Co., 2007 U.S. Dist. LEXIS 74117 (E.D. Ky. Oct. 3, 2007)
The Attorney General of Kentucky filed suit in state court against Marathon Oil, an out-of-state company, alleging violations of the state’s price-gouging statute. Although a state is not a citizen of any state for purposes of diversity jurisdiction, the defendant sought to remove the case to federal court, arguing that the Attorney General was actually…
VIBO Corp. v. Conway, 669 F.3d 675 (6th Cir. 2012)
Participating Manufacturer sued the Attorneys General of the states who entered into the Master Settlement Agreement (MSA) with the tobacco companies, alleging that their actions violated the Sherman Act. Sixth Circuit held that a state is incapable of entering an agreement that violates the Sherman Act. The state-action doctrine traditionally is applied to acts of…
Commonwealth ex rel. Conway v. Purdue Pharma (In re Oxycontin Antitrust Litigation), 2011 U.S. Dist. Lexis 111068 (S.D.N.Y. 2011)
Kentucky, through its Attorney General, brought an action in state court alleging that defendants violated Kentucky state law by misleading health care providers, consumers, and government officials regarding the risks of addiction associated with the prescription drug OxyContin. Defendants removed the action to federal court, arguing the federal court had federal question jurisdiction and that…
“ABC Inc.” v. Commonwealth, 11-CI-00119 (Franklin Dist. Ct. Dist. 1)
Attorney General of Kentucky initiated an investigation of for-profit post-secondary institutions under the state’s consumer protection law and issued civil investigative demands (CIDs) in connection with that investigation. A corporation that received one of the CIDs filed suit challenging the CID as overbroad and alleging that there was no reasonable basis to investigate the industry….
Johnson v. Kentucky, 2012 Ky. App. LEXIS 10 (Ky. Ct. App. 2012)
Defendant sought to dismiss three counts of trafficking in a controlled substance, arguing that the Attorney General did not have jurisdiction to conduct an investigation in Powell County because no local law enforcement was involved in the investigation, and the Attorney General was not invited to participate, as required by Kentucky statutes. The district court…
Kentucky v. Attorney General, 2012 Ky. App. LEXIS 44 (Ky. Ct. App. Mar. 12, 2012)
In a 1983 investigation, Leonard Lawson made a proffer of information about bid-rigging on state road contracts. In 2008, Lawson was indicted, with a number of others, on charges of trying to obtain confidential files about state road contracts from the state Department of Transportation. Local newspapers filed a Freedom of Information Act (FOIA) request…
