Mell v. New Castle County

In Mell v. New Castle County, 835 A.2d 141 (Del. Super. Ct. 2003), the plaintiff sued the county under Delaware's Freedom of Information Act ("Delaware FOIA"), seeking production of invoices from law firms. The firms were, at the time, representing county employees who were the target of a federal investigation relating to allegations of campaign improprieties. The plaintiff also demanded to know how much money the county had paid the attorneys, and on whose behalf the fees were paid. The court denied the plaintiff's requests, as the invoices fell squarely within the "pending litigation" disclosure exemption of the Delaware federal Freedom of Information Act ("FOIA").