Posted on Dec 12, 1989 in Formal Opinions

Opinion Letter No. 89-10
December 12, 1989
Settlement Agreements; Aloha Stadium Litigation

Under the UIPA’s frustration of legitimate government function exception, the Department of the Attorney General may withhold access to settlement agreements in the Aloha Stadium litigation where the State has entered into settlements with fewer than all the defendants. Under these circumstances, the disclosure of settlement agreements between the State and settling defendants would give a manifestly unfair advantage to the non-settling defendants. Once the litigation is concluded, however, all the settlement agreements must be publicly available.

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