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 of the case and court findings. We recommend reading the Editorial for greater detail. Background: Read More …

NJ Supreme Court to decide who has a right to sue

The New Jersey Supreme Court has agreed to hear an appeal of the Appellate Division’s December 18, 2015 ruling that only requestors can file an OPRA lawsuit, or rather, that there is no declaratory judgment action for public agencies with regard to records requests.   A-68-15 In the Matter of the New Jersey State Fireman’s Read More …

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 the defendant-requestor! Click HERE to see the written opinion and order in the case, Township of Hamilton v. Read More …