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PRE-DECISIONAL & DELIBERATIVE PROCESS UPDATES U.S. - SUPREME COURT DECISION - On March 4, 2021, the U.S. Supreme Court issued a decision in United States Fish and Wildlife Service v. Sierra Club addressing the “deliberative...more
State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more
New York just made fighting denied Freedom of Information Law requests a bit more appealing. On December 13, 2017, New York Governor Andrew Cuomo signed AO2750-A into law amending the attorney’s fees provisions of New York’s...more
Michigan's Freedom of Information Act ("FOIA") has, from its enactment, expressly provided that a public body must respond to a proper request for documents within five business days of when the request is received (subject...more
The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more
Chapter 119, Florida Statutes (“the Act”), requires that every “agency” make its records available for inspection and copying to any member of the public who makes a request. Either refusal to provide such access or an...more
Section 11(i) of the FOIA provides “If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this Section, the court shall award such person reasonable attorneys’ fees and...more
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities - Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
In two recent cases, Illinois courts provided guidance on when a party is a “prevailing party” under the Illinois Freedom of Information Act (FOIA) for purposes of obtaining attorney’s fees and whether a public body is...more