Marc Ellinger argued in WD Court of Appeals in the case Malin v. ACT Missouri on May 2, 2023. Today the Court upheld ACT Missouri’s victory in the trial court in a 3-0 opinion. This decision has set a new standard in that factors have to be weighed to determine whether the Sunshine Law applies to an entity. The Court held that no one factor is controlling. The result of this case is that the nonprofit’s records are not subject to the open records law. Malin was represented by the ACLU. This case was an open records case of first impression opinion that set policy across the state of Missouri. This case affects all non-profit contracts with governments in Missouri. Ellinger Bell actively litigates open records and sunshine law cases and FOIA cases.
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