FOIA Advisor

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Court opinion issued May 4, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Rogers v. Internal Revenue Serv. (6th Cir.) -- affirming district court's decision that plaintiff was precluded from maintaining a FOIA action due to a "release clause" contained in previously executed settlement agreement with the IRS.  A dissenting opinion asserted that the FOIA action should not have been dismissed, because the IRS failed to raise the release clause as a defense until it filed a summary judgment motion one year after the lawsuit began.   

Summaries of all opinions issued since April 2015 available here