Courts
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In Re: Shain (4th Cir. on confidential sources)
Four South Carolina reporters who covered the bribery investigation of several state legislators were subpoenaed to testify in the subsequent criminal trial. Even after their motion to quash the subpoenas failed, the reporters refused to comply, asserting that: 1) they had a qualified privilege against being compelled to testify on newsgathering; and 2) the subpoenas…
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Little v. Virginia Retirement System
an individual’s wilful and knowing violation of FOIA merits penalty
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Little v. Virginia Retirement System
Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?
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Gannon v. State Corporation Commission
A plaintiff must exhaust all available state remedies in an action against an agency before proceeding to circuit court.
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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.
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James v. Division of Consolidated Services
Va FOIA excludes evidence related to a criminal investigation unless needed for criminal defense.
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Taylor v. Worrell Enterprises
The governor’s itemized telephone bills are official records exempt from disclosure as memoranda, working papers or correspondence.
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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 This case arises under the provisions of the Virginia Freedom of Information Act, Va. Code section 2.1-340 et seq. (the “Act”). Petitioners…
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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…
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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.
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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.
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Atlas Underwriters v. State Corporation Commission
The Virginia Freedom of Information Act (FOIA) does not apply to the State Corporation Commission.
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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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Saunders v. Pethtel
FOIA and the statute that allows inspection of competitive sealed bids are separate and distinct.
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Lee v. Ilbo (4th Circuit on libel)
A South Korean government agency issued a report that identified Lee, a U.S. resident alien, as a North Korean spy. Several newspapers and a television station reported the story. Lee sued the media groups for libel, and the trial court granted their motions for summary judgment. On appeal, the Court held that defendants were not…
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Students for Animals v. Animal Research Committee, U.Va.
CIRCUIT COURT OF THE CITY OF RICHMOND Students for Animals v. The Rector and Board of Visitors of The University of Virginia, and Animal Care Committee, etc. Case No. N-6464-3 May 26, 1988 By Judge T. J. Markow This is a petition under the Freedom of Information Act requesting that the court order that meetings…
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Shenandoah Publishing House v. Fanning
Shenandoah Publishing House Inc. v. Fanning, 368 S.E.2d 253, 235 Va. 253 (4/22/1988) Virginia Supreme Court SHENANDOAH PUBLISHING HOUSE, INC. v. VIRGINIA K. FANNING, EXECUTRIX, ETC., ET AL. Appeal from a judgment of the Circuit Court of the City of Winchester. Hon. Henry H. Whiting, judge presiding. James L. Berry for appellant. Phillip C. Stone…
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Shenandoah Publishing House Inc. v. Fanning (Va. Supreme Court on access to courts)
A publisher intervened to challenge a Winchester Circuit Court decision which entered several protective orders in a wrongful death action. Among the records sealed were those concerning a compromise settlement between the estate of the deceased and the defendant corporations. The Court held that the trial court had struck the wrong balance between the interests…
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U.S. v. Morison (4th Cir. on confidential sources)
Morison was an analyst for the Naval Intelligence Support Center and a part-time employee of a British publication concerning military armaments. He obtained secret Naval satellite photographs of Soviet nuclear-powered vessels and sent the photographs to both the British publisher and the Washington Post, which published them. After the Navy discovered that Morison had stolen…
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Falwell v. Flynt (4th Cir. on libel)
Falwell brought suit against Larry Flynt and his magazine for libel, invasion of privacy, and intentional infliction of emotional distress after Hustler published a parody of the preacher having a drunken rendezvous with his own mother. (1) The district court dismissed the claim for invasion of privacy because the use of plaintiff’s name and likeness…
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The Gazette Inc. v. Harris (Virginia Supreme Court on libel)
In consolidated cases, several citizens sued newspapers for publishing defamatory articles about them. In each action, the trial court had applied a negligence standard, and the Court took the opportunity to clarify the standard of liability that should govern an award of compensatory damages to a private individual in a libel action. (1) A preponderance…
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Lee Jackson Motel v. Industrial Development Authority
The procedure was not in opposition of the Freedom of Information Act, and the size of the land purchase did not invalidate the proposition.
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Roanoke City School Board v. Times-World Corp.
Pre-arranged telephone conference call among members of a local school board, during which matters proper for an executive or closed session are discussed which are, is not a meeting under FOIA and does not violate the statutory requirement of prior notice to the public.
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Lee Jackson Motel v. Industrial Development Authority
The burden is on the plaintiff to show that an action was taken in executive or closed session without reconvening in open session.
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Laird v. City of Danville
Closed Meetings; 2.1-344(b): When Only Two Items on Agenda are Legal Matters, Motion to Confer Privately With Counsel is Valid Under Code sec. 2.1-344(a)(6) Although Whether Both Items or Particular Item Will be Considered is Not Indicated