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Sunday, August 10, 2014

Martin E. O’Boyle v. Borough of Longport (A-16-12; 070999)


Martin E. O’Boyle v. Borough of Longport (A-16-12;
          070999)
          The Court expressly adopts the common interest rule as
          articulated in LaPorta v. Gloucester County Board of
          Chosen Freeholders, 340 N.J. Super. 254 (App. Div.
          2001).  Applying that rule, the private attorney’s
          protected attorney work product remained privileged
          despite its disclosure to the third-party municipal
          attorney because the materials were shared in a manner
          calculated to preserve their confidentiality, in
          anticipation of litigation, and in furtherance of a
          common purpose.  The requestor also failed to
          articulate a particularized need for the withheld
          materials as required to obtain privileged materials
          under the common law right of access