Latest Posts

Internet Takes Anonymous Free Speech to New Level

With the advent of the Internet and its explosive use, the ability of an individual to comment or “speak” via the Internet has become commonplace.  It is routine now to have the ability to comment on news articles, Internet videos, political events and similar activities via public forum on media websites, blogs and similar sites, which invite public reaction and comment. … Read On

Nauman Smith Partner Named Best Lawyer

Nauman Smith Shissler and Hall, LLP, is pleased to announce that Managing Partner, Craig J. Staudenmaier, was recently selected by his peers for inclusion in The Best Lawyers in America® 2013 in the field of Commercial Litigation. Craig concentrates his practice in the areas of state and federal litigation and media/Right-to-Know law. He routinely represents clients in all phases of the litigation process including mediation and arbitration… Read On

Court Denies Action to Enforce Final Determination of Office of Open Records

The Commonwealth Court has affirmed the denial of a civil action brought by an open records requester to enforce a favorable final determination.  Crockett v. Southeastern Transportation Authority (SEPTA), 2295 C.D. 2011 (Pa.Cwlth. 9/11/12).  The case is noteworthy as the first appellate court decision to address the procedure to challenge an agency’s actions after the issuance of a final determination. … Read On

Supreme Court directs Commonwealth Court to decide school teacher’s home address case

The Supreme Court ruled on Wednesday, August 22, 2012, that a case brought by the Pennsylvania State Education Association (PSEA) to prevent the Office of Open Records (OOR) from ordering school districts to release the home addresses of public school employees be remanded to the Commonwealth Court. Pennslyvania State Eduation Association v. Com., Dep’t of Comm… Read On

OOR Lacks Jurisdiction to Compel Disclosure of Records Related to Pending Litigation

The Commonwealth Court has reversed decisions by the Office of Open Records (OOR) and the Court of Common Pleas of Allegheny County which ordered the City of Pittsburgh (City) to disclose correspondence of settlement negotiations between city officials and a decedent’s estate. City of Pittsburgh v. Silver, — A.3d —-, 1658 C.D. 2011 (Pa.Cmwlth… Read On

Insufficiently Specific Request for Emails Denied where County Unable to Perform Keyword Search of Archived Emails

The Commonwealth Court has affirmed the denial of a request for county emails because the requester failed to sufficiently articulate what emails he wanted to obtain. In Montgomery County v. Iverson, — A.3d —-, 1071 C.D. 2011 (Pa.Cmwlth. 8/15/12), the requester submitted a request for emails in the County’s possession. The requester asked the County to produce all emails to and from specific internet domains which contained one of fourteen keywords… Read On

Commonwealth Court Refuses to Find Sunshine Act Violation

On July 31, 2012, a panel of the Commonwealth Court in an opinion authored by Judge Leavitt affirmed a decision of the Berks County Court of Common Pleas denying a request for a declaratory judgment that a Board of Supervisors had violated the Sunshine Act.  Smith v. Township of Richmond et al., No… Read On

Commonwealth Court Reverses Decision of OOR and Orders the Release of Information Regarding Labor Union Disputes

It is not often that the Commonwealth Court reverses the Office of Open Records (“OOR”) and orders the release of records which the OOR found not to be public.  Such a situation occurred in the recent decision of a panel of the Commonwealth Court in Johnson v. Pennsylvania Convention Center Authority, No. 1844 C.D… Read On

Commonwealth Court Orders DEP to Release Section 208 Determination Letters

As Marcellus Shale continues to occupy the hearts and minds of Pennsylvania citizens, Right-to-Know issues concerning Commonwealth agencies regulating it continue. On July 31, 2012, a panel of the Commonwealth Court in an opinion authored by Judge Anne E. Covey affirmed a final determination of the Office of Open Records (“OOR”) ordering DEP to search for and to release DEP Section 208 determination letters issued since January 1… Read On

Courts Scrutinize Non-Compete Agreements for Insurance Agents

Independent insurance agencies, like many businesses engaged in the sale of products and services to the public, rely heavily upon the efforts of their producers to service the agencies’ existing customers as well as to bring new customers, i.e., policyholders, to the agency.  The producers are insurance agents licensed through the Pennsylvania Department of Insurance. … Read On