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Amended Complaint
Case 3:21-cv-00065 Document 71 Filed on 06/01/21 in TXSD Page 1 of 59 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION STATE OF TEXAS; STATE OF MONTANA; STATE OF ALABAMA; STATE OF ALASKA; STATE OF ARIZONA; STATE OF ARKANSAS; STATE OF FLORIDA; STATE OF GEORGIA; STATE OF KANSAS; COMMONWEATH OF KENTUCKY; STATE OF INDIANA; STATE OF LOUISIANA; STATE OF Civ. Action No. 3:21-cv-00065 MISSISSIPPI; STATE OF MISSOURI; STATE OF NEBRASKA; STATE OF NORTH DAKOTA; STATE OF OHIO; STATE OF OKLAHOMA; STATE OF SOUTH CAROLINA; STATE OF SOUTH DAKOTA; STATE OF UTAH; STATE OF WEST VIRGINIA; and STATE OF WYOMING, Plaintiffs, v. JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; ANTONY J. BLINKEN, in his official capacity as Secretary of the Department of State; MERRICK B. GARLAND, in his official capacity as Attorney General of the United States; Case 3:21-cv-00065 Document 71 Filed on 06/01/21 in TXSD Page 2 of 59 ALEJANDRO MAYORKAS, in his official capacity as Secretary of the Department of Homeland Security; DEB HAALAND, in her official capacity as Secretary of the Interior; JENNIFER GRANHOLM, in her official capacity as Secretary of the Department of Energy; MICHAEL S. REGAN, in his official capacity as Administrator of the Environmental Protection Agency; THOMAS J. VILSACK, in his official capacity as the Secretary of Agriculture; PETE BUTTIGIEG, in his official capacity as Secretary of Transportation; SCOTT A. SPELLMON, in his official capacity as Commanding General of the U.S. -
In the Common Pleas Court Delaware County, Ohio Civil Division
IN THE COMMON PLEAS COURT DELAWARE COUNTY, OHIO CIVIL DIVISION STATE OF OHIO ex rel. DAVE YOST, OHIO ATTORNEY GENERAL, Case No. 21 CV H________________ 30 East Broad St. Columbus, OH 43215 Plaintiff, JUDGE ___________________ v. GOOGLE LLC 1600 Amphitheatre Parkway COMPLAINT FOR Mountain View, CA 94043 DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Also Serve: Google LLC c/o Corporation Service Co. 50 W. Broad St., Ste. 1330 Columbus OH 43215 Defendant. Plaintiff, the State of Ohio, by and through its Attorney General, Dave Yost, (hereinafter “Ohio” or “the State”), upon personal knowledge as to its own acts and beliefs, and upon information and belief as to all matters based upon the investigation by counsel, brings this action seeking declaratory and injunctive relief against Google LLC (“Google” or “Defendant”), alleges as follows: I. INTRODUCTION The vast majority of Ohioans use the internet. And nearly all of those who do use Google Search. Google is so ubiquitous that its name has become a verb. A person does not have to sign a contract, buy a specific device, or pay a fee to use Good Search. Google provides its CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON PLEAS COURT 21 CV H 06 0274 - SCHUCK, JAMES P. FILED: 06/08/2021 09:05 AM search services indiscriminately to the public. To use Google Search, all you have to do is type, click and wait. Primarily, users seek “organic search results”, which, per Google’s website, “[a] free listing in Google Search that appears because it's relevant to someone’s search terms.” In lieu of charging a fee, Google collects user data, which it monetizes in various ways—primarily via selling targeted advertisements. -
August 25, 2021 the Honorable Merrick Garland Attorney General
MARK BRNOVICH DAVE YOST ARIZONA ATTORNEY GENERAL OHIO ATTORNEY GENERAL August 25, 2021 The Honorable Merrick Garland Attorney General 950 Pennsylvania Ave NW Washington, DC 20530-0001 Re: Constitutionality of Illegal Reentry Criminal Statute, 8 U.S.C. § 1326 Dear Attorney General Garland, We, the undersigned attorneys general, write as chief legal officers of our States to inquire about your intent to appeal the decision in United States v. Carrillo-Lopez, No. 3:20-cr- 00026-MMD-WGC, ECF. 60 (D. Nev. Aug. 18, 2021). As you know, in that decision, Chief Judge Du found unconstitutional 8 U.S.C. § 1326, the statute that criminalizes the illegal reentry of previously removed aliens. We appreciate that you recently filed a notice of appeal, preserving your ability to defend the law on appeal. We now urge you to follow through by defending the law before the Ninth Circuit and (if necessary) the Supreme Court. We ask that you confirm expeditiously DOJ’s intent to do so. Alternatively, if you do not intend to seek reversal of that decision and instead decide to cease prosecutions for illegal reentry in some or all of the country, we ask that you let us know, in writing, so that the undersigned can take appropriate action. Section 1326, as part of the Immigration and Nationality Act of 1952, is unremarkable in that it requires all aliens—no matter their race or country of origin—to enter the country lawfully. In finding the law racially discriminatory against “Latinx persons,” Chief Judge Du made some truly astounding claims, especially considering that, under the Immigration and Nationality Act, Mexico has more legal permanent residents in the United States, by far, than any other country.1 Chief Judge Du determined that, because most illegal reentrants at the border are from Mexico, the law has an impermissible “disparate impact” on Mexicans. -
1 in the United States District Court for the District Of
Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 1 of 3 PageID #: 950 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION GOVERNOR KRISTI NOEM, in her ) official capacity as the Governor of ) South Dakota, et al., ) ) Plaintiffs, ) ) v. ) Case No. 3:21-cv-03009 ) DEB HAALAND, in her official capacity ) as United States Secretary of the ) Interior, et al., ) ) Defendants. ) ) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS The States of Kansas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and West Virginia move for leave to file the attached amicus brief in support of Plaintiffs. “A district court has inherent authority to allow amicus curiae to participate in proceedings.” Avellino v. Herron, 991 F. Supp. 730, 732 (E.D. Pa. 1998). The proposed amici have an interest in the outcome of this case because their citizens may wish to attend the Mount Rushmore fireworks display or view it on television. The States also have an interest in ensuring that the Department of Interior, which manages land within the States, makes reasoned permitting decisions, unlike the 1 Case 3:21-cv-03009-RAL Document 47 Filed 05/21/21 Page 2 of 3 PageID #: 951 arbitrary and capricious decision at issue here. Given these interests, the States respectfully request this Court grant them leave to file the attached amicus brief. Respectfully submitted, /s/ James E. Moore James E. Moore DEREK SCHMIDT Woods, Fuller, Shultz & Smith P.C. Kansas Attorney General 300 S. -
Document Future Danger (Including Past Violence Where the Same Regime Prohibited Their Right to Self-Defense), the Regime Fails Muster Under Any Level of Scrutiny
No. 20-843 In the Supreme Court of the United States NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL., Petitioners, v. KEVIN P. BRUEN, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit BRIEF OF ARIZONA, MISSOURI, ALABAMA, ALASKA, ARKANSAS, FLORIDA, GEORGIA, IDAHO, INDIANA, KANSAS, KENTUCKY, LOUISIANA, MISSISSIPPI, MONTANA, NEBRASKA, NEW HAMPSHIRE, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, TEXAS, UTAH, WEST VIRGINIA, AND WYOMING AS AMICI CURIAE IN SUPPORT OF PETITIONERS MARK BRNOVICH ERIC S. SCHMITT Arizona Attorney Missouri Attorney General General JOSEPH A. KANEFIELD D. JOHN SAUER Chief Deputy Solicitor General BRUNN W. ROYSDEN III JEFF JOHNSON Solicitor General Deputy Solicitor General DREW C. ENSIGN Deputy Solicitor General OFFICE OF THE MISSOURI Counsel of Record ATTORNEY GENERAL ANTHONY R. NAPOLITANO Supreme Court Building Assistant Attorney General 207 West High Street OFFICE OF THE ARIZONA P.O. Box 899 ATTORNEY GENERAL Jefferson City, MO 65102 2005 N. Central Ave. (573) 751-3321 Phoenix, AZ 85004 [email protected] (602) 542-5025 [email protected] Counsel for Amici Curiae (Additional Counsel listed on inside cover) Additional Counsel STEVE MARSHALL DANIEL CAMERON Attorney General Attorney General of Alabama of Kentucky TREG TAYLOR JEFF LANDRY Attorney General Attorney General of Alaska of Louisiana LESLIE RUTLEDGE LYNN FITCH Attorney General Attorney General of Arkansas of Mississippi ASHLEY MOODY AUSTIN KNUDSEN Attorney General Attorney General of Florida of Montana CHRISTOPHER M. CARR DOUGLAS J. PETERSON Attorney General Attorney General of Georgia of Nebraska LAWRENCE G. -
January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M. -
May 21, 2020 Hon. Nancy Pelosi Hon. Mitch Mcconnell Speaker
May 21, 2020 Hon. Nancy Pelosi Hon. Mitch McConnell Speaker Majority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Kevin McCarthy Hon. Chuck Schumer Minority Leader Minority Leader House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510 Hon. Jerrold Nadler Hon. Jim Jordan Chairman Ranking Member House Judiciary Committee House Judiciary Committee 2138 Rayburn House Office Bldg. 2056 Rayburn House Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 RE: Support of S. 3607, Safeguarding America’s First Responders Act of 2020 Dear Speaker Pelosi, Majority Leader McConnell, Minority Leader McCarthy, Minority Leader Schumer, Chairman Nadler and Ranking Member Jordan, As State Attorneys General, and the chief legal officers of our respective states, we encourage Congress to swiftly enact S. 3607, the Safeguarding America’s First Responders Act of 2020 (“SAFR”). Our public safety officers risk their lives every day to keep us safe but the COVID-19 pandemic has made their sacrifice clearer. As public safety officers in our states have battled the COVID-19 pandemic, they have put themselves at risk while most Americans were able to stay home. When public safety officers are called to respond, they do not know whether they are coming into contact with a person who is positive for COVID-19. We have seen harrowing stories about how public safety officers have taken heroic actions to save the lives of others, knowing that they risked infection in doing so.1 As Tampa Police Chief Brian Dugan said, “There’s no way for a 2 1850 M Street, NW police officer to do their job and not potentially be exposed to the virus.” And Twelfth Floor sadly, in many of our states, first responders have lost their lives to COVID- Washington, DC 20036 19. -
In the Supreme Court of the United States ______
No. 20-1029 In the Supreme Court of the United States ____________________ CITY OF AUSTIN, TEXAS, Petitioner, v. REAGAN NATIONAL ADVERTISING OF AUSTIN, INC., ET AL. Respondents. ____________________ ON WRIT OF CERTIORARI TO THE U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________________________________________________________________ BRIEF OF AMICI CURIAE FLORIDA, ARKANSAS, CALIFORNIA, CONNECTICUT, DISTRICT OF COLUMBIA, ILLINOIS, IOWA, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, NEVADA, NEW JERSEY, NEW YORK, OHIO, OREGON, PENNSYLVANIA, SOUTH DAKOTA, VERMONT, AND WASHINGTON IN SUPPORT OF PETITIONER _______________________________________________________________________________ ASHLEY MOODY DAVID M. COSTELLO Attorney General Assistant Solicitor General HENRY C. WHITAKER Office of the Florida Solicitor General Attorney General Counsel of Record PL-01, The Capitol DANIEL W. BELL Tallahassee, Florida 32399 Chief Deputy (850) 414-3300 Solicitor General henry.whitaker@ KEVIN A. GOLEMBIEWSKI myfloridalegal.com Deputy Solicitor General Counsel for Amicus Curiae the State of Florida (Additional counsel with signature block) i TABLE OF CONTENTS TABLE OF AUTHORITIES ....................................... ii INTEREST OF AMICI CURIAE ................................ 1 SUMMARY OF ARGUMENT ..................................... 1 ARGUMENT ............................................................... 3 I. THE FIFTH CIRCUIT ERRED BY CONCLUDING THAT PETITIONER’S ORDINANCE IS CONTENT-BASED UNDER REED. .................................................... -
CAFA Notice Materials
Case: 1:16-cv-03792 Document #: 118 Filed: 07/19/21 Page 1 of 2 PageID #:563 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ANTHONY D. KOLTON, et al., ) ) Plaintiffs, ) No. 16-cv-3792 ) v. ) The Honorable Charles Kocoras ) MICHAEL W. FRERICHS, Illinois State ) Treasurer, ) ) Defendant. ) DECLARATION OF SARAH H. NEWMAN I, Sarah H. Newman, state that I have personal knowledge of the facts set forth herein, that I am competent to testify and if called to testify would state as follows: 1. I am an Assistant Attorney General with the Office of the Illinois Attorney General. I am the attorney representing Defendant Michael W. Frerichs in this matter. 2. On July 14 and 15, 2021, I caused a notice of the proposed settlement in this case to be sent to the Attorney General of the United States and the attorneys general of the states and United States jurisdictions in which class members reside or may reside. I caused these notices to be sent pursuant to Paragraph 3.1.4 of the Agreement of Settlement and in accordance with the Class Action Fairness Act of 2005, 28 U.S.C. § 1715(b). Working at my direction, Stephanie Ratliff, Roxy Hollenstine, and Rick Cory, employees of the Illinois State Treasurer’s office, sent the CAFA notices to the attorneys general via certified mail, return receipt requested. Exhibit A hereto is a list of the recipients of the CAFA notices, including the tracking numbers for each notice sent. Case: 1:16-cv-03792 Document #: 118 Filed: 07/19/21 Page 2 of 2 PageID #:564 3. -
June 18, 2021 Honorable Merrick B. Garland Attorney General of The
DANA NESSEL MICHIGAN ATTORNEY GENERAL June 18, 2021 Honorable Merrick B. Garland Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Lisa O. Monaco Deputy Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Re: Department of Justice’s interpretation of Wire Act, 18 U.S.C. § 1084 Dear Attorney General Garland and Deputy Attorney General Monaco: We, the undersigned State Attorneys General, are seeking clarity and finality from the Department of Justice regarding its interpretation of the Wire Act, 18 U.S.C. § 1084. As you may be aware, 25 State Attorneys General wrote to your predecessors on March 21, 2019 to express our strong objection to the Office of Legal Counsel’s (OLC’s) Opinion “Reconsidering Whether the Wire Act Applies to Non- Sports Gambling,” which reversed the Department’s seven-year-old position that the Wire Act applied only to sports betting. Many States relied on that former position to allow online gaming to proceed. Since that letter, the U.S. Court of Appeals for the First Circuit upheld a challenge to the new OLC Opinion, holding that the Wire Act applies only to sports betting. After the First Circuit decision, it is vital that States get clarity on the Department’s position going forward. States and industry participants need to understand what their rights are under the law without having to file suit in every federal circuit, and finality is needed so the industry may confidently invest in new products and features without fear of criminal prosecution. -
Mike Dewine & Jon Husted Ohio Supreme Court: Mary Degenaro &Am
Remember to vote Nov. 6 Ohio Governor & Lt. Governor: Mike DeWine & Jon Husted The DeWine and Husted ticket represents a proven leadership team for our state and overwhelmingly earned OSCPA’s endorsement. Current Ohio Attorney General Mike DeWine has broad experience, a positive track record of tackling tough issues and a deep understanding of what it takes for Ohio to succeed over the next four years. Current Secretary of State Jon Husted’s strong history of leadership, proven track record of driving economic development – including championing OSCPA-backed tort reform and tax reform efforts as House Speaker - are equally impressive. Both have partnered with OSCPA for years to achieve numerous workable, commonsense solutions impacting CPAs and the broader business community. OSCPA is confident they will drive positive outcomes over the next four years to operate government efficiently and effectively, keep taxes low, and attract, retain and grow employers and the skilled workforce needed for Ohio’s economy to thrive. Attorney General: Dave Yost Auditor of State: Keith Faber OSCPA leaders believe Dave Yost is the Keith Faber’s track record speaks right choice to serve as Ohio’s next Attorney for itself: he is a watchdog for Ohio General. His unique skillset includes not taxpayer dollars and has a strong only service as a prosecuting attorney and and long history of advocating for private-practice lawyer, but also in running efficient, cost-effective and transparent a very large public-sector operation as government operations – a philosophy State Auditor for the past eight years. We that will serve Ohioans well when he know he will continue to provide thoughtful, is Ohio’s next State Auditor and that commonsense leadership by working to protect Ohio businesses easily won him OSCPA’s endorsement. -
Ohio Attorney General Dave Yost on Power, Policy and the Practice of Law
THE OHIO STATE BAR ASSOCIATION MEMBER MAGAZINE Spring 2019 VOL. 33, NO. 2 www.ohiobar.org Ohio Attorney General Dave Yost On Power, Policy and the Practice of Law A Modest Proposal for Hearsay Evidence Reform Lawyer Leaders State leaders and legislators on how their legal training has set them up for success The difference between covering a claim and caring for you. When it’s your responsibility to protect the interests of others, your own interests can quickly get left behind. We’re here to ensure they don’t – we focus on you, so you can stay focused on your clients. We’re OBLIC – the only professional liability insurance provider exclusively devoted to leading the effort of protecting Ohio’s lawyers and law firms. SERVING OHIO’S LAWYERS AND LAW FIRMS FOR 40 YEARS Let’s talk. Call 800.227.4111 or visit oblic.com. Table of Contents The difference President’s Perspective Lawyer Leaders 4 Robin Weaver reflects on his year as OSBA 10 State leaders and legislators on how their legal between President training has set them up for success covering a claim and caring for you. Ohio Attorney General A Modest Proposal for 6 Dave Yost 16 Hearsay Evidence Reform By Annie Yamson By J. Andrew Root OSBA catches up with the new AG on his The time has come for a change in hearsay 100th day in office exceptions and proponents abound When it’s your responsibility to protect the interests of others, your own interests can quickly get left behind. We’re here to ensure they don’t – Ohio Lawyer Staff Advertising Sales and Content Advisory Board Chief Marketing Officer: Cynthia Kincaid Editorial Offices Judge David Hejmanowski, Chair, Angelica Jarmusz, Columbus we focus on you, so you can stay focused on your clients.