public records lawsuits Tennessee

15 Jun, 2018

Column: Opioid trial must be completely open

By |2018-06-15T10:58:41-05:00June 15, 2018|Categories: Open Courts, public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: , , , , , , |0 Comments

An OxyContin tablet. Purdue Pharma, who makes OxyContin, has asked for a protective order in a Knoxville circuit court to keep concealed some details of allegations by the state of Tennessee that it violated a 2007 court order and the state's consumer protection laws.   In 2007, the state of Tennessee and 25 other states reached a $19.5 million settlement agreement with OxyContin maker Purdue Pharma, who they alleged was violating consumer laws in the marketing of their cash cow opioid drug. Among other allegations, the states said Purdue engaged in illegal marketing and downplayed the risks of addiction. Tennessee’s portion of the settlement was about $720,000. Kentucky [...]

16 Oct, 2017

Delaying access to public records violates law, appeals court rules

By |2020-04-09T09:09:02-05:00October 16, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |1 Comment

Government entities cannot ignore the requirement in the Tennessee Public Records Act to provide access to records promptly and still be in compliance with the law, according to an appellate court ruling last week in Jetmore v. Metropolitan Government of Nashville and Davidson County. Court of Appeals Judge Andy Bennett In the opinion delivered by Judge Andy D. Bennett, the court upheld a trial court's finding against the Metro Nashville Police Department, which had limited the number of traffic accident reports it would provide a requester to three a day. The appellate court also upheld the award of attorney's fees to the requester who brought the lawsuit, saying [...]

29 Sep, 2017

Appeals court rules economic development organization subject to public records, open meetings law

By |2020-02-23T10:09:55-06:00September 29, 2017|Categories: economic development, functional equivalent, open meetings lawsuits, public records lawsuits Tennessee|Tags: , , , , , , , |0 Comments

In a win for a group of citizens in East Tennessee, the Court of Appeals in Knoxville ruled this week that a nonprofit economic development organization in Jefferson County is subject to the state's public records and open meetings laws. The court held in Oliver Wood et al. v. Jefferson County Economic Development Oversight Committee, Inc., that the nonprofit organization, which has received between 60 percent to 68 percent of its budget from local governments each year, is the functional equivalent of a government entity and subject to the Tennessee Public Records Act. The court also ruled that because EDOC has a significant role in making decisions and recommendations to local government [...]

3 Aug, 2017

Sumner County School Board blames the Office of Open Records Counsel for bad advice

By |2018-11-16T15:13:59-06:00August 3, 2017|Categories: public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: , , , , , |0 Comments

The Sumner County Board of Education blames the Office of Open Records Counsel for bad advice that led it on a journey of spending almost $250,000 of taxpayer money to defend, then appeal, a public records lawsuit that it lost. From The Tennessean: "We are disappointed that the court decided that the board’s former policy did not comply with a 2008 version of Tennessee’s public records statute, especially because the Office of Open Records Counsel, which has the legal duty to interpret the act, informed the board that its policy was lawful and that its response to Mr. Jakes’ request was appropriate under the law," a statement reads. "The board [...]

2 Aug, 2017

Appellate court upholds ruling: Sumner County Schools violated public records law

By |2017-08-03T08:06:28-05:00August 2, 2017|Categories: public records lawsuits Tennessee|Tags: , , , , , , , |1 Comment

The Court of Appeals has affirmed a Sumner County trial court's ruling that the denial of a public records request because it was sent by email violated the Tennessee Public Records Act. Sumner County Board of Education attorney Jim Fuqua. In March 2014, the Sumner County Board of Education denied Ken Jakes' request to see the board's public records policy, saying he had to make the request in person, or send it via U.S. Postal Service. Jakes sued, the Sumner County trial court found in his favor, and the school board voted to appeal the ruling. The school board's attorney, Jim Fuqua, testified that he was relying on [...]

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