News & Analysis as of

Supreme Court of the United States Public Records

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Snell & Wilmer

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

Snell & Wilmer on

A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Foley & Lardner LLP

Are Aggregators of Government-Created Data the Next Target for Large Class Action Lawsuits?

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There is little doubt that large class action lawsuits are a content aggregator’s worst nightmare. This especially holds true for those who transact significant amounts of data which may include government-created public...more

McCarter & English, LLP

The Admissibility of Opinions Contained in Public Records

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

Ballard Spahr LLP

U.S. Supreme Court Affirms Limits on State Open Records Laws

Ballard Spahr LLP on

Businesses and organizations that request public records from other states could find their access to such records restricted as a result of a recent U.S. Supreme Court ruling....more

Mintz

Supreme Court Upholds Limitations on Non-Residents’ Access to Public Information

Mintz on

On April 29, 2013, the Supreme Court of the United States issued a unanimous decision upholding citizen-specific limitations in the State of Virginia’s Freedom of Information Act (the “Act”). The Act provides that “all public...more

Brooks Pierce

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

Brooks Pierce on

In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

Foley & Lardner LLP

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

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On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

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