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Public Records Act Appeals

Health Care Compliance Association (HCCA)

PETA Continues Push for U. of Washington IACUC Names, UMass Documents, Vows More Legal Actions

A legal fight with People for the Ethical Treatment of Animals (PETA) over the release of documents—including the names of institutional animal care and use committee (IACUC) members—has already cost the University of...more

Shutts & Bowen LLP

Bidding Smarter in Florida: Knowledge is Power – The Public Records Act

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Everyone has heard the old saying “knowledge is power.”  In Florida, the Public Records Act, Ch. 119, Fla. Stat., is a powerful tool that contractors should use to empower themselves in competitive bid situations. Governments...more

Genova Burns LLC

Appellate Division Permits Public Records Access to Police Use of Force Reports Involving Juveniles

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On February 19, 2020, the New Jersey Appellate Division issued a decision Digital First Media v. Ewing Township permitting a newspaper access under New Jersey’s Open Public Records Act (OPRA) to Use of Force Reports (UFR)...more

Best Best & Krieger LLP

California Court of Appeal Publishes Opinion Requiring Release of Police Personnel Records Under SB 1421 - Decision is Binding on...

In the first decision by a higher court on a controversial new law that makes some police personnel records available under the Public Records Act, a California appellate court ruled that Senate Bill 1421 applies to records...more

Best Best & Krieger LLP

Attorney-Client Privilege Successfully Argued by City in PRA Case - California Appellate Court Decision Says Even a Judge Can’t...

A recent California appellate court decision underscores the sanctity of the attorney-client privilege — holding that even an in camera review of claimed privileged communications is not permitted. This applies even though a...more

Best Best & Krieger LLP

Public Agency Access to Data Does Not Make Data Disclosable Under PRA - California Appellate Court Ruling in Anderson-Barker v....

A city’s ability to access electronically stored data does not equal possession of that data under the Public Records Act, a California appellate court recently ruled....more

Best Best & Krieger LLP

Public Agencies Do Not Have to Create Records for PRA Requesters - California Appellate Court Reinforces Principle

The State Bar of California does not have to create records to fulfill a request for bar applicant data under the Public Records Act, an appellate court decided. ...more

Best Best & Krieger LLP

An Appellate Court’s Observation May Have Effect on Reverse-PRA Actions - Part II: Pasadena Police Officers Association v. City of...

In Pasadena Police Officers Association v. City of Pasadena, the Second District Court of Appeal made an interesting observation about the effect of the Public Records Act’s time requirement for a response to a PRA request...more

Best Best & Krieger LLP

PRA Fee Award Narrowed to Cover the Issue of Scope of Redactions - Part I: Pasadena Police Officers Association v. City of...

A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more

Genova Burns LLC

New Jersey Appellate Division Clarifies Rights to Disclosure of School Records Under Public Records Law

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In a lengthy, published opinion, the New Jersey Appellate Division recently ruled on four appeals from different trial courts (that had reached conflicting results) about the ability of a nonprofit advocacy organization for...more

Farella Braun + Martel LLP

California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California...more

Best Best & Krieger LLP

California Appellate Court Addresses Release of City Attorney’s Private E-mails

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An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

Best Best & Krieger LLP

Attorney-Client Privilege Not Waived in Mistaken Records Release, California Appellate Court Finds

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*As published in PublicCEO A Bay Area school district that inadvertently released attorney-client privilege documents following the resignation of its superintendent did not waive its disclosure exemption right granted...more

Hinshaw & Culbertson LLP

Trope Doctrine Does Not Apply In Public Records Act Proceeding

In Law Offices of Marc Grossman v. Victor Elementary School District, 2015 DJDAR 8356, the California Court of Appeal for the Fourth Appellate District ruled that the Trope Doctrine did not apply in litigation under the...more

Best Best & Krieger LLP

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Lowndes

Economic Development in the Sunshine?

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The Fifth District Court of Appeal heard oral argument today on the issue of whether the records of the Economic Development Commission of Brevard County are subject to public inspection. The lower court ruled that such...more

Lowndes

LYNX Surveillance Footage Exempt from Public Inspection

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In a surprising opinion issued on January 30, 2015, which promises to have a wide-reaching effect, the Fifth District Court of Appeal overturned a declaratory judgment entered in favor of WKMG-TV Local 6, and determined that...more

Best Best & Krieger LLP

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

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