Search Results for: 4956.9 litigation – Page 5

FAC Welcomes Legal Fellow Monica Price

The legal fellow works directly with journalists and others to help them access public records and government meetings, while also contributing to a range of First Amendment and open-government litigation.

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Veteran First Amendment Lawyer Glen A. Smith Named FAC’s First Legal Fellow

The First Amendment Coalition is pleased to announce the appointment of Glen A. Smith, a lawyer with more than 30 years of experience in First Amendment and media law, as the inaugural FAC Legal Fellow. Smith comes to FAC with a deep and widely varied background in media litigation, including substantial experience advocating for public and press access to government records, defending journalists against subpoenas, and litigation and advice relating to defamation and privacy law.

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Secret funder helps Hulk Hogan prevail in privacy suit against Gawker

While limited in some states, third party litigation funding has taken hold in recent years at the expense of transparency. The litigation funders mostly run under the radar as most states do not have laws forcing secret litigators to reveal their role. The issue emerged this week with reports that PayPal co-founder Peter Thiel backed Hulk Hogan’s privacy suit against the news outlet Gawker. (LAW.COM, May 25, 2016, by Ben Hancock) Thiel was upset with

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A&A: Dealing with a cure and correct notice in a closed session

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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Non-Response to Requests

Non-Response to Requests Q: I sent a Freedom of Information Act Request to the California Department of Corrections trying to obtain information related to my position there.  It was an information act using the form letter making a state (not federal) request.  The request was sent by certified mail and they did not respond.  What should I do now?  Thank you in advance for your attention to my concerns. A: From the information in your

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A&A: My PRA request denied, but Buzzfeed published documents on similar case

Q: In 2014, I was working as a pharmacist for a temp agency that sent me to a District Hospital for three months. This hospital had many issues, and I tried to fix some of them. After I left, a CBOP inspector (a specially trained pharmacist) investigated the hospital pharmacy. In December of 2015, I received a letter from the CBOP citing me for a total of $5000. I was advised by my attorney that since it is a government

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County’s Technical Review

County’s Technical Review Q: We recently made a Public Record Request for documents relating to the County’s General Plan technical review and technical fix. The request was denied because: “…this draft is still undergoing internal staff and legal review. For that reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would

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FAC’s David Snyder Honored by SPJ in Los Angeles

First Amendment Coalition Executive Director David Snyder was named the recipient of the 2019 Freedom of Information Award given by the Society of Professional Journalists’ Los Angeles Pro Chapter. The annual award honors a non-journalist who has helped promote First Amendment rights and values.  Snyder, a former newspaper reporter and media lawyer who has led FAC since 2016, is being recognized for fighting “legal battles across the state, winning key rulings resulting in the release

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Legal Work

PROGRAMS LEGAL WORK FAC’s greatest asset is in the legal wisdom and experience accrued over 30 years of successfully holding governments accountable at the local, state, and federal levels, supporting journalists and educating citizens on how to enforce their First Amendment rights OUR WORK IN THE COURTS Legal Initiatives Strategic Litigation FAC conducts a program of strategic litigation by initiating “test case” lawsuits to resolve key legal issues in a way that maximizes chances for

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A&A: Who Bears the Cost of Previously Public Documents Now Held By A Third Party?

Q: I have an outstanding PRA request to the county regarding ongoing litigation. The applicant of the project at issue in litigation changed in 2011. The County asserts they do not have the documents from the the previous applicant but that they can be purchased from a third party consulting firm for $2,000. My question is: who bears the cost to obtain the documents when the agency has lost or is missing the documents? A:

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A&A: How to file a verified petition

Q: Under provisions of CPRA, I have been attempting to obtain a specific record that is part of my case-file with the state. All records I have requested have been sent except one with no reason given for its exclusion. I understand I can submit a “verified petition” with the superior court to issue a writ of mandate requiring the state to provide the requested information. Can you give me some guidance on how I

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Law professor: Corporations using First Amendment to evade regulation

Harvard law professor John Coates argues that granting corporations free speech rights has resulted in a “form of corruption.”  “… the use of litigation by managers to entrench reregulation in their personal interests at the expense of shareholders, consumers, and employees. In aggregate, they degrade the rule of law, rendering it less predictable, general and clear. This corruption risks significant economic harms in addition to the loss of a republican form of government,” he writes.

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Craig Newmark Philanthropies Commits $100K to FAC

Gift fuels journalist training programs, open-government litigation and press freedom defense work  The First Amendment Coalition today announced a $100,000 gift from Craig Newmark Philanthropies to support the nonprofit’s work advancing government transparency, free speech and a free press.  The gift comes during an especially critical time for combatting government secrecy and threats to the First Amendment. Americans are demanding answers about police misconduct and the government’s response to the global pandemic. FAC is fighting

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News organizations fail in bid to unseal records produced in pre-trial discovery

The Recorder By Scott Graham December 20, 2007 Documents filed with a court in civil litigation are not automatically available to the public, the Sixth District Court of Appeal has ruled Wednesday in a case brought by Bloomberg News, The Recorder newspaper and the San Francisco Chronicle. A unanimous panel led by Justice Wendy Duffy ruled that a trial judge had erred by unsealing e-mails, spreadsheets and other discovery appended to a shareholder complaint in

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Obama adopts same position as Bush on warrantless wiretapping

The Obama administration has asked the court to dismiss a suit challenging surveillance of millions of American citizens, arguing that litigation over wiretapping would reveal “state secrets.” –DB Electronic Frontier Foundation Press Release April 6, 2009 SAN FRANCISCO – The Obama administration formally adopted the Bush administration’s position that the courts cannot judge the legality of the National Security Agency’s (NSA’s) warrantless wiretapping program, filing a motion to dismiss Jewel v. NSA late Friday. In

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Federal judge rules against sealing records in intellectual property dispute

A  California federal judge ordered the unsealing of documents in the Apple-Samsung patent litigation case stating that the trial was going to be open. An attorneys for Reuters seeking the unsealing said the records should be open considering that the judge relies on the records to make a decision. -db From the Reporters Committee for Freedom of the Press, July 20, 2012, by Raymond Baldin. Full story    

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A&A: Co-op non-profits

Co-op non-profits Q: I live in a shareholder owned, non profit, stock cooperative.  When the board of directors chose to meet in executive session to consider litigation against a shareholder and did NOT vote in front of the membership to pursue it, is there any case or lawsuit you can refer me to where a decision by the court has been reached regarding the legality of such a meeting?  The board of directors did not

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Public/Private Interest Tests, Publics Records, And the Department of Housing and Community Development

Public/Private Interest Tests, Publics Records, And the Department of Housing and Community Development Q: I am trying to obtain from the Department of Housing and Community Development a list of those cities and/or counties that applied for designation as an Enterprise Zone in Sept. 2006.  The Dept. first responded to my request stating that they would take more time. Today I have received a letter from them denying my request based on the reason that “the

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Brown Act plays vital role in promoting democracy

An editorial in The Taft Independent in Kern County reminds the readers that open government laws protect the right of citizens to participate in governance. The editorial cited the instance in which the local water board took action on issues not on the agenda. –DB The Taft Independent Editorial April 24, 2009 A few weeks ago, the attorney for the West Kern Water Board made a very public apology for failing to keep the board

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