FOIA Advisor

Court opinions March 2 & 3, 2016

Court Opinions (2015-16)Allan BlutsteinComment

March 3, 2016

Bartko v. U.S. Dep't of Justice (D.D.C.)

March 2, 2016

Rozema v. U.S. Dep't of Health & Human Servs. (N.D.N.Y.) -- finding that the FDA properly withheld certain information regarding the quantities of menthol contained in cigarettes pursuant to Exemption 3, in conjunction with 21 U.S.C. § 387f(c), as well as Exemption 4.  Notably, in reaching its Exemption 4 determination, the court expressly declined to adopt the Critical Mass test.

Schultz v. Fed. Bureau of Investigation (E.D. Cal.) -- determining that the FBI properly relied upon Exemptions 7(C) and 7(D) to protect records concerning two confidential informants involved in plaintiff's criminal case.

Garcia v. U.S. Citizenship & Immigration Servs. (D.D.C.) -- concluding that the USCIS adequately searched for records of an agency adjudication on plaintiff's application in 1981 for lawful-permanent-resident status.   

Summaries of all opinions issued since April 2015 available here.