The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may
A recent decision by the Appellate Division clarifies the New Jersey Open Public Records Act (OPRA) exception for proprietary commercial or financial information. The case also addresses what types of materials fall within the meaning of “underwriting rules” under N.J.S.A. 17:29A-46.2(b), which states that “underwriting rules” filed by insurers “shall
New Jersey’s Open Public Records Act (OPRA) will remain one of the top compliance concerns for New Jersey municipalities in 2013. This post offers several tips in the areas that often cause the most confusion. Understand Your Deadline: Under OPRA, record custodians have seven business days to respond to a
A final vote was scheduled before the New Jersey Senate on two bills that would have amended the Open Public Meetings Act (OPMA) and the Open Public Records Act (OPRA). Prior to the vote the bills’ sponsor, Senate Majority Leader Loretta Weinberg, D-Teaneck, reached out to the New Jersey League
Under New Jersey’s Open Public Records Act (OPRA), a requestor who prevails in any proceeding brought under the law is entitled to a reasonable attorney’s fee. The Appellate Division recently clarified what happens when a party only achieves limited success in a lawsuit. The Facts of the Case Wolosky v.
A New Jersey appeals court recently clarified what constitutes an “overbroad” request under the state’s Open Public Records Act. The OPRA request involved “EZ Pass benefits afforded to retirees of the Port Authority, including all … correspondence between the Office of the Governor … and the Port Authority.” While the
E-mail addresses could soon be a thing of the past when it comes to New Jersey’s Open Public Records Act. The state Assembly recently passed legislation (A-1280) that would include e-mail addresses in the list of confidential items to be redacted from public records under OPRA. OPRA currently provides a
The New Jersey Supreme Court has agreed to consider an Open Public Records Act case involving the law’s interplay with the attorney work-product privilege and common interest rule. The question before the court is whether these doctrines exempt documents from disclosure under OPRA. In O’Boyle v. Borough of Longport, Plaintiff Martin
