The justices said an OPRA award of fees should occur only if the litigant can prove a factual, causal nexus between the litigation and the legal relief ultimately achieved. There should be no rebuttable presumption that such a nexus exists.
“A rebuttable presumption might well upend the cooperative balance OPRA strives to attain,” Chief Justice Stuart Rabner wrote for the unanimous Court in Mason v. City of Hoboken, A-22-07.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
