Courts

Gannon v. State Corporation Commission

A plaintiff must exhaust all available state remedies in an action against an agency before proceeding to circuit court.

National Rural Utilities v. Greenlief

The tax-exempt status of certain individuals is information that is exempt from disclosure under FOIA by virtue of the Tax Code's general prohibition against release of taxpayer information.

James v. Division of Consolidated Services

Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.

Taylor v. Worrell Enterprises

The governor's itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.

ACLU v. Andrews

CIRCUIT COURT OF THE CITY OF RICHMOND

American Civil Liberties Union of Virginia, et al.

v.

Senator Hunter B. Andrews, et al.

Case No. HB-342-4

September 19, 1991

By Judge Randall G. Johnson

Reuber v. Food Chemical News Inc. (4th Cir. on libel)

Reuber, a scientist, declared himself a whistleblower and created the misleading impression that a controversial pesticide was carcinogenic. A newsletter published his employer's reprimand, which stated that Reuber had engaged in unprofessional conduct. He sued for defamation and won in a jury trial which awarded him compensatory and punitive damages. On appeal, the Court reversed and remanded in favor of Food Chemical News. Reuber had made himself a public figure, and so the . . .actual malice’ standard should be applied. The jury could not have found actual malice here. The court held that the First Amendment protected the public's right to learn both sides of a controversy through the press and declined to uphold a damages award that left the debate one-sided. The court reversed the jury verdict that favored Reuber and remanded the case for entry of judgment in favor of the news group.

Hale v. Washington County School Board

Relief for a plaintiff under FOIA does not include compelling a government body to turn over minutes, even if there are any, of an executive/closed meeting.

Lemond v. McElroy

Documents generated in connection with the payment process of a settlement agreement, after the mutual agreement to settle, are open to public inspection.

Atlas Underwriters v. State Corporation Commission

The Virginia Freedom of Information Act (FOIA) does not apply to the State Corporation Commission.

Associated Tax Service Inc. v. Fitzpatrick

The purpose or motivation behind a request made under FOIA is irrelevant to a citizen's entitlement to requested information.

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