O'BOYLE v. BOROUGH OF LONGPORT

A-16 September Term 2012, 070999

94 A.3d 299 (2014)

218 N.J. 168

Martin E. O'BOYLE, Plaintiff-Appellant, v. BOROUGH OF LONGPORT, and Thomas Hiltner in his capacity as Borough of Longport Clerk and Custodian of Records, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 21, 2014.


Attorney(s) appearing for the Case

Jonathan R. O'Boyle , a member of the Pennsylvania bar, and Walter M. Luers argued the cause for appellant (Mr. Luers, attorney).

Gene R. Mariano argued the cause for respondents ( Parker McCay , attorneys; Stacy L. Moore, Jr. , Mount Laurel, on the brief).

Matthew T. Nelson , a member of the Michigan bar, argued the cause for amicus curiae DRI-The Voice of the Defense Bar ( Goldberg Segalla , attorneys; Mr. Nelson , Michael J. Leegan , and Mary Massaron Ross , a member of the Michigan bar, on the brief).

Thomas Hoff Prol , Matawan, argued the cause for amicus curiae New Jersey State Bar Association ( Paris P. Eliades , President, attorney; Mr. McCann , of counsel; Mr. Prol and Mr. McCann , on the brief).

Jeffrey S. Mandel , Manalapan, argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and The National Association of Criminal Defense Lawyers ( Cutolo Mandel , attorneys; Mr. Mandel and Jenny E. Carroll , on the brief).

Edward J. Fanning, Jr. , submitted a brief on behalf of amicus curiae New Jersey Defense Association (McCarter & English, attorneys; Mr. Fanning and Roktim Kaushik , Newark , on the brief).


Judge CUFF (temporarily assigned) delivered the opinion of the Court.

This appeal allows the Court to address the application of the common interest rule, which extends the confidentiality of attorney-client communications and attorney work product to information shared with attorneys representing separate clients, in the context of a request for production of public records pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common...

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