Bankston & Associates successfully obtains public records from LSU in addition to an award of more than $26,000 in attorneys’ fees

Bankston & Associates successfully obtains public records from LSU in addition to an award of more than $26,000 in attorneys’ fees.  Krielow v. Louisiana State Univ. Bd. of Supervisors, 2019-0176 (La. App. 1 Cir. 11/15/19)

In November, 2019, the First Circuit Court of Appeal affirmed judgment in favor of records requestor and against Louisiana State University. Records requestor filed petition for writ of mandamus against LSU, seeking to compel production of documents pursuant to Public Records Law. The District Court granted the petition and granted requestor's motion for attorneys’ fees. LSU appealed.  

On appeal, the First Circuit held LSU failed to establish that production of documents relating to transfer of scientific research to a third party was unduly burdensome or expensive, and therefore records requestor was entitled to these documents under the Public Records Law; university's counsel did not review unredacted documents before sending them to third party for redaction, and by declining to do so, university failed its duty to determine whether information in the documents was proprietary or trade-secret related.  

Ultimately, the First Circuit Court of Appeal rendered judgment in favor of records requestor, holding that LSU failed to establish the production was unduly burdensome or expensive; requestor was entitled to attorney fees; and evidence supported attorney fees award of more than $26,000.00.