In a significant case of first impression, the Maine Supreme Judicial Court recently probed the parameters of ‘bad faith’ under the Maine Freedom of Access Act. Particularly, it deliberated on when a public entity’s failure to comply with an access request may qualify as such under the law’s provision on fee-shifting.
The court, while taking into account the circumstances under which a public entity did not honor the Act’s request, clarified what constitutes ‘bad faith’. The clarification is integral to the law’s fee-shifting provision and stands to impact corporate entities and law firms dealing with such requests.
This insightful development was reported on by Law360, the link to which can be found here. Legal professionals seeking a deeper understanding of the case and its implications are advised to review the details as elucidated in the Maine Supreme Judicial Court’s decision.
The court’s clarification is not only pivotal or instructive for future cases that concern the Act’s request, but equally crucial for legal professionals to fully comprehend the extent of ‘bad faith’ in such matters. This promises to be a substantial reference for advising clients and making more informed decisions on matters regarding public entities and access requests.