NJ Supreme Court fails to close door on “first strike” suits by public agencies. Legislature must step up.

The Editors of the New Jersey Law Journal have written an excellent commentary piece on the New Jersey Supreme Court’s 8/3/2017 decision in the case of Jeff Carter v. NJ State Firemen’s Association (NJSFA) (A-68-15). Below is NJFOG’s short summary Continue Reading →

Colts Neck files “first strike” suit in OPRA matter

UPDATE (Sept. 14, 2016):  Colts Neck has had a change of heart regarding its lawsuit to have the records declared not public. They have decided to not pursue the lawsuit and have produced the records. ————-   Colts Neck Township Continue Reading →

Middlesex County Court rules only a records requestor can sue under OPRA

This case is one of at least five such lawsuits initiated by public agencies that are currently being litigated.  The five cases are summarized in this post. UPDATE (12/18/2015):  For NJ Appellate Court ruling, see http://njfog.org/2015/12/18/2707/. —– This May, NJFOG shared Continue Reading →

Atlantic County Judge says public agencies can’t sue under OPRA!

A judge in Atlantic County has held that public agencies cannot sue requestors for declarations that the records sought are not subject to OPRA.  The court affirmed that only the requestor can sue under OPRA and awarded attorney’s fees to Continue Reading →

NJPA court brief challenges a public agency’s right to sue under OPRA

UPDATE (12/18/2015):  For NJ Appellate Court ruling, see http://njfog.org/2015/12/18/2707/. — The New Jersey Press Association (NJPA) has filed an amicus brief challenging a records custodian’s ability to file a declaratory judgment lawsuit in response to an Open Public Records Act Continue Reading →