Courts
-
Shenandoah Publishing House v. Warren County School Board
Decided City Council did not violate FOIA by meeting in closed session; Shenandoah Publishing House Inc. v. The Winchester City Council; Chancery No. 95-156.
-
Commonwealth v. Payne
A city ordinance passed when all members of a public body vote in open session is valid.
-
Redinger v. Casteen
Letters exchanged between an institution of higher learning and a law firm representing a university student are not exempt as work product compiled for use specifically for litigation.
-
Wheeler v. Gabbay
FOIA and the discovery rules of the Supreme Court are mutually exclusive. Under FOIA, citizens are entitled to criminal incident reports that describe the criminal act.
-
RF&P Corp. v. Little
A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.
-
Times-World Corp. v. Wells
Times-World Corp. v. Wells CIRCUIT COURT OF BEDFORD COUNTY, VIRGINIA 32 Va. Cir. 239 November 16, 1993 OPINIONBY: JUDGE MOSBY G. PERROW III On October 16, 1993, Karen Barnes, a staff writer for the Roanoke Times and World News, a paper owned by Times-World Corporation, delivered a written request under the Virginia Freedom of Information…
Opinions -
Shenandoah Publishing House v. Warren County School Board
FOIA violations made in good faith do not require the imposition of civil penalties
-
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…
-
Little v. Virginia Retirement System
an individual’s wilful and knowing violation of FOIA merits penalty
-
Little v. Virginia Retirement System
Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?
-
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 This case arises under the provisions of the Virginia Freedom of Information Act, Va. Code section 2.1-340 et seq. (the “Act”). Petitioners…
-
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…
-
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.
-
Saunders v. Pethtel
FOIA and the statute that allows inspection of competitive sealed bids are separate and distinct.
-
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…
-
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…
-
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…
-
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…