Open Public Records Act

Supreme Court Will Review O'Boyle v. Longport

The Supreme Court announced yesterday that it has granted certification to review O'Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012), an Open Public Records Act case. The Appellate Division's...

N.J.S.A. 30:4-24.3 Does Not Allow a Developmentally Disabled Resident of a State Facility to Get Around Open Public Records Act Rules for Disclosure

Caliendo v. Velez, ___ N.J. Super. ___ (App. Div. 2012). N.J.A.C. 10:41-3.2(b) is a Department of Human Services regulation that provides that incident reports prepared by the Division of Developmental...

Records of Public Law School Clinics Are Not Subject to Open Public Records Act

Sussex Commons Assocs., LLC v. Rutgers, the State University, 210 N.J. 531 (2012). Rutgers, the State University of New Jersey, and its two law schools are unquestionably subject to the Open Public Records...

Work Product Doctrine and Common Interest Privilege Exempt Documents From Disclosure Under OPRA or Common Law Right of Access

O'Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012). This is yet another Open Public Records Act ("OPRA") case. Plaintiff was a frequent antagonist of the defendant Borough, hostility...

An Open Public Records Act Case, With a Bonus Discussion of Attorney-Client Privilege, the Work Product Doctrine, and the Anti-Bullying Act

K.L. v. Evesham Tp. Bd. of Educ., 423 N.J. Super. 337 (App. Div. 2011). There are not many published appellate cases in New Jersey that discuss in any detail the attorney-client privilege...

New Jersey Sports & Exposition Authority Must Reveal Financial Terms of Contracts for Perfomances at IZOD Center

Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140 (App. Div. 2011). The Newark Star-Ledger filed a request under the Open Public Records Act, N.J.S.A. 47:1A-1...

League of Municipalities is Subject to Open Public Records Act

Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489 (2011). The New Jersey State League of Municipalities ("the League") is an entity created under N.J.S.A. 40:48-22...

Unfiled Discovery From Lawsuit Brought by Public Agency May be Producible Under Common Law Right of Access

Drinker Biddle & Reath LLP v. New Jersey Dep't of Law & Public Safety, 421 N.J. Super. 489 (App. Div. 2011). Under settled caselaw, litigation discovery that is not filed with the court during the...

City/State Location of Calls to/from Public Employees' Government-Provided Cellphones are Not Private

Livecchia v. Borough of Mount Arlington, 421 N.J. Super. 24 (App. Div. 2011). North Jersey Newspapers Co. v. Passaic Cty. Bd. of Freeholders, 127 N.J. 9 (1992), held that "the people...

The Supreme Court Discusses, for the First Time, Two Exceptions to the Open Public Records Act

Kovalcik v. Somerset County Prosecutor's Office, 206 N.J. 581 (2011). The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 ("OPRA"), makes "government records," as broadly defined in OPRA, generally accessible. However, the right of access...

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