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A Better Partnership


Jan 2013
January 28, 2013

Warner Files Amicus Brief with N.J. Supreme Court

Attorneys with Warner Norcross & Judd LLP filed an amicus brief on behalf of DRI in the New Jersey Supreme Court. The brief is in response to an invitation to assist the court in deciding how to best define the work-product doctrine and the common-interest rule under New Jersey law.

The case arises out of an individual plaintiff’s lawsuit seeking access to certain documents under New Jersey’s Open Public Records Act and New Jersey’s common-law right of access to public documents.

In the amicus brief, DRI took the position that the Appellate Division correctly held that the items were not subject to disclosure, but for the wrong reason. DRI’s brief argued that voluntary disclosure of work product to a third party does not waive the protection of the work-product doctrine so long as the disclosure does not substantially increase the likelihood that the information will come into the possession of an adverse party. DRI explained that this is the majority position taken by other jurisdictions.

Warner Norcross attorneys Matt Nelson, partner, and Nicole Mazzocco, associate, authored the brief.

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