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By Mason Lawlor | December 22, 2022
"'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
By Adolfo Pesquera | December 6, 2022
Eighth District Court of Appeals Justice Gina M. Palafox authored the opinion and concluded that a statute that had never been interpreted by a court is not among the listed exceptions to the state law's mandatory fee provision.
4 minute read
By Colleen Murphy | November 18, 2022
Meanwhile, newly introduced legislation targets court fees in name change matters.
4 minute read
By Cedra Mayfield | November 1, 2022
"A judicial spouse could earn untold sums, via legal or consulting work, from entities that have cases before their husband or wife, and the public would be none the wiser, so long as the entities paid their employer and not the spouse directly," read a statement by Fix The Court, a New York-based advocacy group.
5 minute read
By Adolfo Pesquera | October 4, 2022
Franklin Center suggests ... the Public Information Act displaces the burden-shifting framework (governing) assertions of the privilege and that records of attorney-client communications ... are not privileged. - Texas Attorney General
3 minute read
By Allison Dunn | September 30, 2022
"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read
By Allison Dunn | September 20, 2022
"I think the decision provides insight into how to assess the reasonableness of imposing GPS monitoring as a condition of probation," Roderick's attorney, Edward Crane, a solo practitioner, told Law.com. "A few points are the most critical. First, the commonwealth has the burden of establishing reasonableness and thus has to provide the judge with an address around which a GPS exclusion zone will be created. Second, a serious offense does not automatically establish the reasonableness of GPS monitoring. Lastly, a defendant's criminal history is very important in assessing reasonableness."
5 minute read
By Avalon Zoppo | August 19, 2022
"Because the department did not tie the memorandum to deliberations about the relevant decision, the department failed to justify its reliance on the deliberative-process privilege," Chief Judge Sri Srinivasan wrote.
3 minute read
By Everett Catts | August 3, 2022
"In a limited public forum, the government 'may be justified in reserving its forum for certain groups or for the discussion of certain topics.' Good News Club v. Milford Cent. Sch., 533 U.S. 98, 106 (2001)," a three-judge panel wrote in its opinion.
7 minute read
By Adolfo Pesquera | July 20, 2022
The lawsuit, considered a case of first impression by the appellate court, asked whether a dispute over cost could be considered a refusal to make information available.
5 minute read
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