.

SIU Spotlight

Changes to NJ’s Open Public Records Act and Implications for SIU

SIU Spotlight, Issue 2, Vol. 1, March 2025

March 1, 2025

by Matthew J. Burdalski

In June 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 2930, enacting significant amendments to New Jersey’s Open Public Records Act (OPRA). These changes, effective September 3, 2024, were made with the stated intent to modernize public records access, enhance transparency, and protect personal information. As access to public records is often a tool for SIU in investigating insurance claims, it will be important to understand the changes and how they may impact your investigation. 

The New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et. seq., was passed in 2002. It replaced New Jersey’s former Right to Know Law and also expanded the definition of a public record. The amendments passed late last year enacted changes to everything from the method to obtaining public records to which records can be provided and how. Some of the most relevant and important changes which should be noted by SIU follow.

Attorney Fees
Previously, requestors who were successful in court with respect to denied records requests were entitled to recover attorney’s fees. The new law limits the right to recover fees only upon a showing that the public agency “unreasonably denied access, acted in bad faith, or knowingly and willfully violated” OPRA. Further, if the records are provided within seven days of a lawsuit, attorney’s fees may be awarded only if the agency “knew or should have known” that the denial violated OPRA. 

Protective Orders Against Disruptive Requests
Public agencies can now seek protective orders against individuals or entities whose records requests are intended to “substantially interrupt the performance of government function.” This was previously unavailable to public agencies. This potentially allows courts to issue orders to limit the scope or number of records requested. 

Public Records on Websites
Agencies are now required to make records available on publicly accessible websites “to the extent feasible.” These websites must include a search function, and custodians must assist requestors in locating records online. This has the benefit of potentially streamlining the process of accessing public records, assuming the records are properly and fully placed online. Further, agencies may now be in compliance of specific records requests by directing the requestor to the online source provided they offer assistance in locating the records. 

Model Request Form
There will now be a model request form that must be utilized by each public agency and used when requesting public records. The new model request form will include additional questions regarding commercial purpose, whether the records are being sought in connection with litigation, and the addition of new exemptions in the Exemptions Checklist section. 

Definition of “Commercial Purpose”
The amendments introduce a new category of requestor—those seeking records for a “commercial purpose.” In addition to commercial entities, this category covers individuals who intend to use the records for the sale, solicitation, rent or lease or a service, or any use by which the user expects to profit either through commission, salary, or fee. Importantly for SIU, those requestors must certify that the records are for a commercial purpose and must provide the intended use of the records. The failure to do so can result in fines. Exemptions apply to journalists, educational institutions, and certain non-profits. The commercial purpose definition is not currently well defined and will likely be the subject of future litigation for clarification. 

Limitations on Use During Legal Proceedings
The amendments to the OPRA law restricts parties to a legal proceeding from requesting records that are the subject of a court order, including pending discovery requests. Requestors must now certify whether their request is connected to a legal proceeding. In short, once litigation has been commenced, requestors will be foreclosed from seeking public records through the OPRA process. Notably, legal proceeding is not specifically defined in the statute, and this provision will apply regardless of whether the agency is a party to the proceeding or not. This is especially important for SIU. Requests for needed records or information important to your investigation must be made as early as possible and prior to any litigation being filed. 

Expanded Definition of Personal Identifying Information
This definition now includes birth dates, personal email addresses, debit card and bank account information, home addresses, personal telephone numbers, personal information of juveniles under 18 (excepting MVC and elections information), HIPPA data, and indecent graphic images, all with the stated intent of enhancing the protection of personal data. 

Responses and Response Time
Agencies must respond to proper requests, in writing, “as soon as possible but not later than seven (7) days after receipt of the request.” The response must address each item requested by either: granting access; denying access; seeking clarification of the request; or requesting an extension of time.

Other Relevant Changes

  • Identical Request: Agencies are no longer required to respond to identical requests for the same information from the same requestor if no information has changed.
  • Appeal Timeframe: Requestors must appeal the denial of their request within 45 days.
  • Records Kept by Others: Agencies are not obligated to respond to requests for records kept by separate public agencies. 
  • Vague Requests: Agencies are not required to respond to a request if it does not identify with specificity the information/documentation sought. 
  • Security Footage: Footage of public buildings is exempt unless the request identifies a specific incident that occurred, or a specified date and limited time period at a particular building.

These amendments were enacted with the stated purpose of balancing the public’s right to access information with the need to protect personal privacy and prevent the misuse and abuse of the records request process. However, from a SIU perspective, the changes may have the effect of limiting access and transparency on the part of the agencies. 

It is crucial for the SIU community to familiarize itself with the new provisions to ensure compliance and maintain the ability to access public records necessary for effective and efficient claims investigations and determinations.

SIU should take care to familiarize itself with the OPRA process and the new potential limitations and roadblocks to accessing public records. Additional care should be taken to ensure compliance with the updated processes and regulations when making records requests as well as the remedies available when encountered with failures to full comply or respond. 

*Matthew is a shareholder in our Mount Laurel, NJ office and a member of the Insurance Fraud/SIU Practice Group. (856) 414-6035 | MJBurdalski@mdwcg.com 


 

SIU Spotlight, Issue 2, Vol. 1, March 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

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Result

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News

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Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

blue facade of a hospital sign against blue sky

Result

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Result

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Thought Leadership

Unanimous New Jersey Supreme Court Holds That Personal Emails of Public Employees and Officials are Subject to OPRA

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Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

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Portrait of Thomas Glassman. Text: Joining our Cincinnati Office as a Shareholder in the Casualty Department

News

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Thought Leadership

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Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.