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OPRA at the Supreme Court

Relatively speaking, 2021 was a busy year for OPRA in the New Jersey Supreme Court, during which the Court decided two cases, Bozzi v. City of Jersey City, and Simmons v. Mercado. In Bozzi, the Court held that … >

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OPRA and Financial Information

When we are asked whether financial information must be disclosed under OPRA, we give the answer that everyone loves to hate: “It depends.” Certain financial information, such as a public employee&r… >

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Post-Pandemic Court Appearances in OPRA Cases

On November 18, 2021, the New Jersey Supreme Court issued a Notice to the Bar entitled Future of Court - Operations - Continuation of Both In-Person and Virtual Court Events that gave the public guidance regard… >

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OPRA Tips, Part 2 - Starting an OPRA Lawsuit

A special aspect of OPRA lawsuits is that they are classified by the Court as “summary actions.”  This means that the Court Rules require that an OPRA case be handled on an accelerated basis. &… >

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Prevailing Party Counsel Fees Under the Common Law

OPRA’s fee shifting provision is one of the reasons OPRA is an effective enforcement mechanism.  As many readers of this blog know, plaintiffs who receive public records because they filed a lawsuit … >

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OPRA Tips: Do's and Don'ts

Here, we discuss some tips in crafting an OPRA request that will maximize the likelihood that you’ll receive the records you’re looking for and, if the request needs to be litigated, increase the po… >

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Privacy Update: Bozzi v. City of Jersey City

On September 20, 2021, the New Jersey Supreme Court issued its opinion in Bozzi v. City of Jersey City, in which the Court held that the names and home addresses of licensed dog owners are public records becaus… >

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Non-Profits - Part 1: Business Improvement Districts

In general, non-profit corporations are not subject to OPRA.  However, there are several important exceptions to this general rule.  In this series, we will discuss several categories of non-profits t… >

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OPRA Lawsuits - Keep It Simple

In this blog, we frequently talk about the special, unique or unusual rules and practices applicable to OPRA cases.  Unlike ordinary litigation, OPRA claims must be initiated via a special procedure and sh… >

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Electronic Access to Records, Part 1: Databases and Other Electronic Stored Information

A “public record” under OPRA includes “information stored or maintained electronically.”  N.J.S.A. 47:1A-1.1.  This includes documents and data that public agencies store in da… >

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