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DRINKER BIDDLE v. DEPT. OF LAW

No. A-2387-09T3.

24 A.3d 829 (2011)

421 N.J. Super. 489

DRINKER BIDDLE & REATH LLP, Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF LAW, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 2011.

Attorney(s) appearing for the Case

John P. Mitchell , argued the cause for pro se appellant (Drinker, Biddle & Reath LLP, attorneys; William L. Warren , and Mr. Mitchell , Princeton, on the brief).

Richard F. Engel , Chief Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel and on the brief; Edward Devine , Deputy Attorney General, on the brief).

Before Judges CUFF, SIMONELLI and FASCIALE.

The opinion of the court was delivered by

SIMONELLI, J.A.D.

In this appeal we consider whether unfiled discovery in an environmental lawsuit brought by the New Jersey Department of Environmental Protection (NJDEP) against ExxonMobil Corp. (the Exxon litigation) is subject to access pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common-law right of access. We hold that N.J...

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