• Penncrest Sch. Dist. v. Cagle

    Publication Date: 2023-05-08
    Practice Area: Public Records
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1463 C.D. 2021

    Trial court erred in disregarding distinction between official and personal social media accounts and holding that public officials automatically created public records by posting about official business, as courts had to undertake fact-based analysis of social media posts to determine whether public officials were acting in an "official capacity" when posting on their personal social media accounts. Order of the trial court vacated, case remanded.

  • Pennsylvania Pub. Util. Comm'n v. Friedman

    Publication Date: 2023-05-08
    Practice Area: Public Records
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1560 C.D. 2019

    Petitioners Public Utility Commission and energy company challenged Office of Open Record's determination that responsive records containing confidential security information were disclosable and court found any challenge to transmittal letters that contained CSI was outside OOR's authority but OOR correctly found the public safety and public utility infrastructure security exemptions, the trade/secrets and privileged information exception and the noncriminal investigative exception did not apply to the non-CSI records. Reversed in pa

  • Martinez v. City of Reading Police Dep't

    Publication Date: 2023-02-27
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1208 C.D. 2021

    Request for police body camera footage dismissed as moot where requestor sought the footage to use in his defense against criminal charges but requestor was ultimately acquitted of those charges, and inadequate records retention policies had been amended to prevent future inadvertent deletion of footage. Order of the trial court affirmed.

  • Energy Transfer v. Moss

    Publication Date: 2023-02-06
    Practice Area: Public Records
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1700 C.D. 2019

    Office of Open Records lacked jurisdiction under the Public Utility Confidential Security Information Disclosure Protection Act to reverse public agency's designation of records as containing confidential security information. Order of the OOR reversed.

  • Cassel v. Dep't of Health (Office of Open Records)

    Publication Date: 2023-01-30
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 491 C.D. 2022

    In camera review was necessary to determine if department records produced prior to the formal, public start of a non-criminal investigation sufficiently related to that investigation to bar disclosure of the documents under the Right-to-Know Law. Order of the Office of Open Records affirmed in part and vacated and remanded in part.

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  • Puricelli v. Dep't of Transp.

    Publication Date: 2023-01-23
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 42 M.D. 2022

    Court declined to issue mandamus to compel PennDOT to provide a driver's records to petitioner in connection with petitioner's civil action against driver because PennDOT had no ministerial or mandatory duty to provide the requested records and general assembly's intent was that medical records provided to PennDOT were to remain confidential. Preliminary objections sustained.

  • City of Harrisburg v. Prince

    Publication Date: 2023-01-16
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1228 C.D. 2021

    Common pleas did not err in its application of the Pennsylvania State Education Association balancing test and correctly found objectors' privacy interest in their names and home addresses outweighed the public interest in disclosure in appellant's Right-to-Know law action seeking the names and home addresses of donors to a city legal defense fund. Affirmed.

  • Cent. Dauphin Sch. Dist. v. Hawkins

    Publication Date: 2023-01-09
    Practice Area: Public Records
    Industry: Education | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 88 MAP 2021

    School district could meet obligations under the Right-to-Know Law and restrictions imposed by the Family Educational Rights and Privacy Act by producing bus surveillance video after redacting any student images or personally identifiable information from the video. Order of the commonwealth court affirmed.

  • In re Appeal of Melamed

    Publication Date: 2023-01-02
    Practice Area: Public Records
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 914 C.D. 2021

    Trial court properly found police department did not have to produce records of department officer dismissals that were pending the grievance process to Right-to-Know Law requester because mandatory arbitration was part of police department's employment termination process and there was no final agency decision until a grievance arbitrator rendered his/her decision. Affirmed.

  • In re Application of Forbes Media, LLC

    Publication Date: 2022-12-19
    Practice Area: Public Records
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-mc-52

    Petitioner moved to unseal All Writs Act records and court granted the application as to docket entries in case 15-mc-880 and granted unsealing of unredacted portions of the AWA application and order under the common law presumption of access to judicial records. Motion granted.