DaRosa Makes Life Easier For Massachusetts Gov't Lawyers

Law360, New York (July 16, 2015, 7:41 PM EDT) -- The Massachusetts Supreme Judicial Court (SJC) fixed a problem of its own creation in DaRosa v. City of New Bedford, decided May 15, 2015. The problem stemmed from the SJC's 1999 decision in General Electric Co. v. Department of Environmental Protection, which held that the work product of government attorneys is subject to disclosure under the Massachusetts public records statute. The SJC reversed field in DaRosa, now holding that a statutory exemption covers most work product prepared in anticipation of litigation, so that these materials are protected from disclosure. M.G.L.C. 4, § 7, Twenty-sixth (d)....

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