DRINKLER BIDDLE & REATH LLP VS. NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF LAW A-2387-09T3

In this appeal, plaintiff Drinker Biddle & Reath LLP sought access to unfiled discovery (the deposition transcripts of three experts) in an environmental lawsuit brought by the New Jersey Department of Environmental Protection against ExxonMobil Corp. pursuant to OPRA. We hold that N.J.S.A. 47:1A-9b exempts unfiled discovery from public disclosure. However, we reverse and remand for the trial court to conduct the appropriate balancing test to determine whether the transcripts are accessible under the common-law right-of-access. 8-18-11