News from 2015

Nauman Smith Partner Honored

Nauman Smith managing partner Craig J. Staudenmaier has been selected as a 2015 Pennsylvania Super Lawyer, making it the sixth consecutive year he has received this recognition. Super Lawyer is an honor reserved for those lawyers who exhibit excellence in the practice of law. Craig concentrates his practice in the areas of state and federal litigation and Right-to-Know/media law… Read On

Primer for Local Agency Record Retention Policies

The Municipal Records Act, 53 P.S. §§ 1381 – 1389, governs the retention and disposition of records by most local agencies (third class cities, boroughs, incorporated towns, first and second class townships, any such municipality that has adopted a home rule charter, and municipal authorities created by such municipalities).   53 Pa.CS.A. § 1381.   Local agencies are required to adopt the retention and disposition schedule promulgated by the Pennsylvania Historical Commission and approved by the Local Government Records Committee… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On

Public Employee Home Address Disclosure to be decided on Individual Basis

The Commonwealth Court has remanded proceedings back to the Office of Open Records (OOR) to decide on an individual basis whether the home addresses of members of the State Employees’ Retirement System (SERS) are exempt from public disclosure. State Employees Retirement System v. Pennsylvanians for Union Reform, 207 C.D. 2014 (Pa.Cmwlth. Mar. 20… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials.

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On

Avoiding Taxes 101: Sell Your House

“Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes.”[1] If you pay less tax on the money you earn… Read On

Business Cases to Watch in 2015

1.  Insurance: Babcock & Wilcox Co., et al. v. American Nuclear Insurers, No. 2 WAP 2014, 84 A.3d 699 (Pa. 2014) The Pennsylvania Supreme Court will decide a major issue affecting insurers and policy holders. Most insurance contracts provide that the insurance company will handle all litigation defenses with a specific provision granting the insurer control over the litigation… Read On

Top Ten Most Significant Right-to-Know Cases of 2014 … and Coming Attractions for 2015

INTRO:  While the present version of the Right-to-Know Law celebrated its sixth anniversary recently, Pennsylvania’s courts continue to address basic procedural issues resulting from the law’s ambiguities.   The Supreme Court resolved when a RTK request is a “request” and when the five day clock begins to run. The Commonwealth Court continued to define the appropriate procedures for administrative and judicial review… Read On

Public School Employees Entitled to Notice and Opportunity to be Heard in Home Address Appeals

The Commonwealth Court has declared that public school districts must notify public school employees of right-to-know requests for their home addresses. PSEA, et al., v. Com. of Pennsylvania, 396 M.D. 2009 (Pa. Cmwlth. 2/17/15). Public school employees are entitled to participate in OOR proceedings to demonstrate that disclosure of their home addresses will jeopardize their personal safety… Read On


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