News & Analysis as of

Public Access Laws Appeals

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Miller Canfield

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

Miller Canfield on

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

Perkins Coie

San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance

Perkins Coie on

The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules. SF Urban Forest Coalition v. City and County of...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits

In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact,...more

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

Franczek P.C. on

The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Smart & Biggar

Rx IP Update - March 2019

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Federal Court finds invalidity allegations relating to patent for metformin formulations not justified - On March 8, 2019, Justice Fothergill granted Valeant Canada’s application for an order prohibiting the Minister of...more

Perkins Coie

Port Master Plan Conflicted with Coastal Act Goals

Perkins Coie on

A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more

Littler

Littler Global Guide - Canada - Q3 2018

Littler on

Bill C-74 Receives Royal Assent- New Legislation Enacted- Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent on June 21, 2018. Initiatives of interest to employers include allowing part-time...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Dunks on Businesses With Websites

In its second pro-plaintiff decision in as many months, the Eleventh Circuit Court of Appeals has held that blind website accessibility plaintiffs need not show that difficulty using a place of public accommodation’s website...more

Franczek P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Franczek P.C. on

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Dechert LLP

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

Nossaman LLP

Coastal Commission’s Public Access Easement Found to Be A Taking

Nossaman LLP on

In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more

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