FOIA Advisor

FOIA News: Ninth Circuit agrees to rehear FDA case

FOIA News (2015-16)Allan BlutsteinComment

9th Circuit to reconsider case over FDA records request

By Jessica Dye, Reuters, Aug. 4, 2016

A federal appeals court on Wednesday agreed to rehear en banc an appeal from an animal welfare group over its request for unredacted egg-production and safety records from the U.S. Food and Drug Administration.

The 9th U.S. Circuit Court of Appeals did not elaborate on its reasons for granting the Animal Legal Defense Fund's petition for en banc review. But the panel's original April opinion had urged the full court to take up the case in order to determine what summary-judgment standard should apply to actions involving the Freedom of Information Act.

[A copy of the order is available here]

[A copy of the April 2016 opinion is here]