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Shepherd Properties Co., d/b/a Shepco Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91

INDJuly 31, 2012No. 49S04-1112-PL-697Cited 18 times
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Case Details

Judge(s)
David, Sullivan, Rucker, Dickson, Massa
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Indiana Supreme Court held that an intervening private party (ShepCo) can be held jointly and severally liable for attorney's fees awarded under the Access to Public Records Act when a plaintiff prevails in compelling disclosure of public records.

What This Ruling Means

This case involved a dispute over public records and who should pay legal costs when someone successfully fights to get government documents released. Shepherd Properties Co. (ShepCo), a commercial finishing company, got involved in a legal battle where the International Union of Painters and Allied Trades was trying to obtain public records. When the union won their case and forced the disclosure of these public records, the question arose about who should pay the union's attorney fees. The Indiana Supreme Court ruled that ShepCo, even though it was a private company that intervened in the case (rather than the original government defendant), could be held responsible for paying the union's legal costs. The court ordered ShepCo to pay $22,659 in damages, which included the attorney fees. **Why this matters for workers:** This ruling is significant because it makes it easier for unions and workers to obtain public records that might be important for their rights and workplace issues. When private companies try to block the release of public documents, they now know they could be on the hook for legal costs if they lose. This financial risk may discourage companies from fighting against legitimate public records requests, making it easier for workers to access information they need.

This summary was generated to explain the ruling in plain English and is not legal advice.

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