By Adolfo Pesquera | January 11, 2023
"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
By Jeffrey Grosholz and Leonard Dietzen | January 10, 2023
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
By Angele Latham | The Associated Press | January 9, 2023
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
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
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
