15 results for 'cat:"Public Record" AND cat:"Discovery"'.
J. Boardman grants, in part, summary judgment in favor of the Food and Drug Administration, its commissioner and a technology company in this Freedom of Information Act claim brought by two other firms. The firms alleged the FDA is improperly withholding the tech company’s emergency use request. The court finds the disclosure is protected by exemption four and precluded by the Trade Secret Act. Summary judgment is granted to the government on all but three copies of the communication between the FDA and the tech company. The two firms’ request to open discovery is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: February 21, 2024, Case #: 8:23cv489, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, discovery
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J. Prince finds the trial court improperly denied the nonparties' motion to intervene in this suit alleging Farmer's bad faith denial of a homeowner's insurance claim. The District Court of Oklahoma County denied the interveners' request to access information subject to a protective order entered by the trial court in Payne County, and they assert that the information is essential to their cause of action. The interveners had standing to intervene in this action because the trial court did not comply with the Open Records Act when it allowed records in the court file to be sealed or to be filed by the parties under seal. The court did have discretion to deny the request for access to all discovery materials that were not filed of record. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: September 13, 2023, Case #: 120257, Categories: Insurance, public Record, discovery
J. MacDonald affirms the granting of an individual’s request for records from a city covered by Right-to-Know Law. While some of the emails the individual requested are deleted, they are on backup tapes which are accessible to the city’s IT Department, and the city’s argument that the backup tapes are not accessible to their assessing department is unpersuasive.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: August 18, 2023, Case #: 2022-0237, Categories: public Record, discovery, Technology
J. Kelley allows a government agency’s motion for summary judgment against an individual suing it for failure to provide him with all immigration-related documents he requested. Only one document was missing and, while the individual noted that the agency failed to search an internal shared drive, it chose not to do so because that shared drive contained drafts rather than final decisions.
Court: USDC Massachusetts, Judge: Kelley, Filed On: August 10, 2023, Case #: 1:21cv11817, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, public Record, discovery
J. Dwyer finds that the lower court improperly required the disclosure of unredacted records regarding the identities of current or former police officers for the City of Seattle who were investigated for potential unlawful conduct during the events of the January 6 Capitol riots. The officers are entitled to their names being private in the public records, as they are not "relegated to a watered-down version" of the First Amendment. They may proceed anonymously in the case. Reversed in part.
Court: Washington Court Of Appeals, Judge: Dwyer, Filed On: June 26, 2023, Case #: 83700-1-I, Categories: public Record, discovery, First Amendment
J. Chun denies summary judgment to the U.S. Department of Justice for the nonprofit organization's claim that the department improperly invoked exemption 6 in redacting the alleged tortfeasors’ names who are Drug Enforcement Administration employees, which relates to the nonprofit's FOIA request seeking disclosure of records of “all litigation against the [DEA] and/or its employees or agents where the [DEA] and/or its insurers paid $1,000 or more to resolve claims.” Revealing the alleged tortfeasors' names would not constitute an unwarranted invasion of personal privacy when weighed against the significant interests favoring disclosure.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 22, 2023, Case #: 2:20cv674, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, public Record, discovery