Google Petitions 5th Circuit for Reconsideration of Mississippi AG Ruling

Google petitioned the 5th U.S. Circuit Court of Appeals to reconsider its ruling earlier this month that vacated a 2015 U.S. District Court ruling in Jackson, Mississippi, which granted the company a preliminary injunction against Mississippi Attorney General Jim Hood barring him from enforcing his subpoena looking into Google’s search practices. Google argued in its petition (in Pacer), posted online Wednesday, that a rehearing is needed because Hood withdrew his subpoena Friday. Hood, a Democrat, told reporters after the 5th Circuit released its ruling that his office would “re-evaluate” how to proceed with enforcing the subpoena. The 5th Circuit ruled that Judge Henry Wingate’s injunction “covers a fuzzily defined range of enforcement actions that do not appear imminent” (see 1604110058). “The record establishes that Google faces a genuine threat of enforcement action, one that is not imaginary, speculative, or chimerical,” Google said in its petition. Although Hood had withdrawn his original subpoena, Google said he had also reminded the company that it was bound by a “litigation hold” to preserve evidence related to Google’s business practices. “No one can reasonably be expected to brush off a state attorney general’s specific allegations of unlawful conduct and repeated threats of enforcement action,” Google said. “The law does not require Google to either accede to Hood’s demands or call his bluff.” Hood’s office didn’t immediately comment Thursday.