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The Legal Intelligencer

Port Auth. of Allegheny County v. Towne, PICS Case No. 17-1461 (Pa. Commw. Sept. 12, 2017) Leadbetter, S.J. (12 pages)

OOR erred in holding that video recordings made by cameras on an authority bus were not exempt pursuant to the noncriminal investigation exemption where requester sought videos after a vehicle accident that led him to file a property claim against the authority because the recordings, which the authority's claims adjuster reviewed in the course of investigating requester's property damage claim were related to and part of the noncriminal investigation and constituted investigative materials. Reversed.
3 minute read

The Legal Intelligencer

California Univ. of Pa. v. Schackner et al, PICS Case No. 17-1400 (Pa. Commw. Aug. 22, 2017) Hearthway, J. (21 pages).

While the defendant university's inquiry into the collapse of an on-campus garage was ancillary to its public safety services and thus not a noncriminal investigation under Section 708(b)(17) of the Right-to-Know Law, the university was entitled to an in-camera review of certain documents that might be exempt from the law under attorney-client privilege. The court affirmed in part, reversed in part and remanded.
3 minute read

The Legal Intelligencer

Phila. Dist. Attorney's Office v. Cwiek, PICS Case No. 17-1414 (Pa. Commw. Sept. 6, 2017) Brobson, J. (11 pages).

Trial court properly affirmed the OOR order that required the DAO to provide requester with a certified copy of a redacted CAD, which requester had provided to the DAO, under Section 904 of the RTKL but trial court erred in holding that a declaration made by the DAO satisfied the certification requirement because the declaration did not meet the standard of verifying the authenticity of the document. Affirmed in part and reversed in part.
7 minute read

The Recorder

Tuffly v. U.S. Department of Homeland Security

9th Cir.; 16-15342 The court of appeals affirmed a district court judgment. The court held that the privacy interest of former U.S. Immigration and Customs…
2 minute read

New York Law Journal

Guardianship Case Files Presumed Open, NY Judge Finds

Ruling in a case involving a property owner and art collector worth at least tens of millions of dollars, acting Nassau County Judge Gary Knobel said a party did not show good cause for sealing the case records.
4 minute read

National Law Journal

Bacardi Sues Feds for Records About Disputed 'Havana Club' Trademark

Bacardi has taken new legal action in its long-running rum war with Cuba, this time against banking regulators in a hunt for information about how an entity owned by the island nation last year received a U.S. license to renew the disputed "Havana Club" trademark.
3 minute read

New Jersey Law Journal

Supreme Court's OPRA Ruling Represents a Backward Step

In re New Jersey Firemen's Association raises more questions than it resolves, will complicate OPRA proceedings in the future, and ultimately detracts from the intent and operation of OPRA. New Jersey's long-standing tradition of access to government records has taken a step back.
6 minute read

The Recorder

American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)

Cal.Sup.Ct.; S227106 The California Supreme Court affirmed in part and reversed in part a judgment. The court held that a county’s unredacted automated…
3 minute read

The Recorder

Yagman v. Pompeo

9th Cir.; 15-55442 The court of appeals reversed a district court judgment and remanded. The court held that a plaintiff’s failure to “reasonably”…
3 minute read

National Law Journal

After Disclosure Failure, DC Judge Wants List of Trump Voter Commission Docs

Department of Justice lawyer Elizabeth Shapiro apologized to the judge for the "confusion" over what was required of the commission.
11 minute read

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