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Law.com

State Appeals Court Reinstates Complaint: City Must Show Burden It No Longer Possesses Public Records in Murder Case

The local police department claimed to no longer possess requested records without an affidavit or sworn testimony to prove it.
6 minute read

New York Law Journal

Updating FOIA's Framework for Disclosing Electronic Records

The court refined its framework for analyzing when FOIA requires agencies to alter electronic disclosures in order to facilitate access to records held within their databases, write contributors Martin Flumenbaum and Brad S. Karp.
7 minute read

Law.com

Appeals Court Partially Reverses Protective Order in Shield Law Case—and Both Sides Claim Victory

The Washington Court of Appeals partially upheld a trial court ruling with regard to what information is privileged under the state's Reporter Shield Law, prompting attorneys on both sides to frame the decision as a win for their clients.
6 minute read

Connecticut Law Tribune

Live Litigation and Out-of-Court Resolutions: Yale Law Interns Experience Both in Records Dispute With HUD

"I think it was critical because these kinds of opportunities are harder and harder to find in private practice and for people who are relatively fresh out of law school," said Jeffrey Gentes, a George W. and Sadella D. Crawford visiting clinical lecturer in law at Yale Law School and the managing attorney at the Connecticut Fair Housing Center.
5 minute read

Texas Lawyer

Older Judges? Proposed Laws Would End Mandatory Retirement, Affect Salaries

With the exception of statewide offices, election officials that are party to a proceeding for an election-related injunctive relief motion can prevent a county court or district court judge from presiding over the proceeding by filing a petition.
4 minute read

Connecticut Law Tribune

American Italian Women for Greater New Haven Seeks to Amend Complaint Over Removal of Christopher Columbus Statue

"This is, however, the second dismissal the court has granted. Plaintiff may move to amend its Complaint if—and only if—it can plausibly allege a concrete, particularized injury and it has a basis, in light of this and the prior Ruling, to state a claim upon which relief can be granted," wrote Judge Janet C. Hall.
5 minute read

Texas Lawyer

Will It Be Covered by Attorney-Client Privilege? Texas Supreme Court Weighs Revision

"If this court rules for the University of Texas, I guarantee you that every governmental body is going to start running their investigations through their counsel's office just to be able to withhold it from the public," Larsen said.
5 minute read

Daily Business Review

The Who, What, Where and Why of Fla.'s Public Records Law, and How to Avoid Pitfalls

Public agencies commonly slip up when navigating Florida's public records law, which can result in costly litigation and judgments for fees. An understanding of the basics of Florida's laws is critical to preventing errors before they occur.
6 minute read

Daily Report Online

Tenn. Governor Uses Exemption to Deny Open Records Requests

The exemption, called the "deliberative process privilege," is an exception to state open records laws that have been carved out by the courts. The privilege allows "high government officials" to deny records when they believe the documents are part of their "deliberative decision-making process."
8 minute read

Law.com

State Appeals Court: Plaintiff Suing Public Entity Has Right to Public Records Laws Without Discovery

"'The legislature did not intend that the open records laws would supplant discovery practice in civil litigation,"' Judge Lino S. Lipinsky de Orlov wrote on behalf of the three-judge panel. "It does not support Archuleta's contention that individuals litigating against public entities are precluded from obtaining documents from those entities through CORA during the pendency of the litigation."
4 minute read

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