Wiley Helps Persuade Indiana Court of Appeals to Uphold Limits on AG’s Investigative Authority

August 3, 2026

Wiley, on behalf of the National Association of Manufacturers (NAM) and the Indiana Manufacturers Association (IMA), helped persuade the Indiana Court of Appeals to affirm a lower court ruling in Rokita v. Berry Global Group Inc., a high-stakes case concerning the appropriate use, scope, and enforcement of civil investigative demands (CIDs).

The case stems from expansive CIDs the Indiana Attorney General (IAG) issued to Indiana businesses without identifying any concrete allegations or potential statutory violations underlying the IAG’s alleged investigation.

In an amicus brief supporting the CID recipients, Wiley argued that the CIDs exceeded the IAG’s authority under Indiana law. Additionally, Wiley’s brief demonstrated the undue burden such CIDs impose on the manufacturing sector, its workforce, and the national economy.

In a July 27 decision, the court agreed with and expressly cited Wiley’s argument, holding that the CIDs were “unauthorized, invalid, and unenforceable” because the IAG had not provided any “factual predicate” for its investigation.

The Wiley team representing NAM and IMA included Litigation Practice partners Stephen J. Obermeier, Enbar Toledano, and Krystal B. Swendsboe, and associate Kahlil H. Epps.