FOIA Advisor

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Court opinions issued May 25, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Shapiro v. U.S. Dep't of Justice (D.D.C.) -- granting in part and denying part FBI's motion to reconsider court's April 8, 2016 opinion that permitted agency to raise certain -- but not all -- exemptions for first time in litigation.  In reaching its decision, the court held that D.C. Circuit's case law does not permit the government to advance new FOIA exemptions absent a showing of good cause,

Nat'l Sec. Counselors v. Cent. Intelligence Agency (D.D.C.) -- awarding plaintiff $55,050 for attorney fees and $505 in costs for partially prevailing in FOIA litigation; reducing amount of fees requested by 40 percent (from $91,750), because (1) the fee request included unsuccessful claims, (2) the billing records were not contemporaneous, lacked details, and included duplicative work, and (3) the hourly rates were excessive.    

Daniels v. Soc. Sec. Admin. (9th Cir.) -- affirming district court's decision that agency provided appellant with all responsive records to which he was entitled under the Privacy Act and FOIA; rejecting appellant's argument that agency was required to cite Privacy Act exemptions in order to withhold documents not contained in a "system of records."  

Summaries of all opinions issued since April 2015 available here.