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Cohn Lifland Secures Remand in OPRA Case

On December 1, 2023, the Appellate Division issued its opinion in Madlinger v. Township of Independence. In Madlinger, Cohn Lifland represented the Plaintiff, Scott Madlinger, who requested copies of attorney … >

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"Paff Certifications" - What Are They and How to Use Them

In OPRA cases, one of the most important tools for litigants and the Court is a document called a “Paff Certification,” which is more commonly known as a “Vaughn Index.” The synonymous n… >

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Case Alert: Ciolek v. Township of Roxbury - In Camera Review of Records and Who Should Be the Plaintiff

On July 26, 2023, the Appellate Division decided Ciolek v. Township of Roxbury, Docket No. A-3729-21. This is an unpublished decision. However, as is so often the case with OPRA cases, it's useful to discuss un… >

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Case Alert: Disclosure of Exterior School Security Camera Recordings Affirmed

On June 29, 2023, the Appellate Division decided Zezza v. Evesham Township Board of Education, Docket No. A-0537-21. In that case, the Court affirmed the trial court’s order that 35 seconds of exterior el… >

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N.J. Supreme Court Holds that "American Rule" Applies to Claims for Counsel Fees Under the Common Law

On September 27, 2022, we blogged about how the New Jersey Supreme Court was deciding whether and under what circumstances counsel fees are available to parties who prevail under the common law. (That post has … >

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Personnel Records and "Individuals in Interest"

OPRA sometimes gives specific individuals special or broader access to certain types of records than the public at large. In this post, we discuss one of those special cases. Under OPRA, a public employee&rsqu… >

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Retention of 911 Call Recordings

In general, 911 call recordings are public records (some exceptions apply, but that’s not the focus of this post). The most challenging aspect of gaining access to 911 call recordings is that, based on in… >

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Decision of Interest: Rise Against Hate v. Cherry Hill Township

On March 29, 2023, the Appellate Division decided Rise Against Hate v. Cherry Hill Township, (“RAH”), which is an unpublished case. An unpublished decision is binding only on the parties, and ordina… >

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Two Appeals of Government Records Council Decisions

On April 20, 2023, the Appellate Division issued two unpublished OPRA decisions. One appeal was from a Superior Court decision; the second was from the Government Records Council (“GRC”). In both ap… >

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Avoiding "Overly Broad" Requests

Like Justice Potter Stewart’s quote regarding obscenity – “I know it when I see it” – defining an “overly broad” OPRA request can be elusive. On December 9, 2022, in an… >

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