Powell v. U.S. Dep't of Treasury (D.D.C.) -- concluding that Office of Foreign Assets Control performed reasonable search for records pertaining to plaintiff over thirty-year period.
Middle Eastern Forum v. U.S. Dep't of the Treasury (D D.C.) -- holding that IRS improperly refused to search for third-party records, noting that plaintiff's request sought only "non-return" information and that it was reasonably described.
Summaries of all published opinions issued since April 2015 available here.
June 30, 2018
Braun v. USPS (D.D.C.) -- finding that agency performed reasonable searches for investigatory records concerning plaintiff and that agency properly withheld records pursuant to Exemption 3, 6, and 7(C).
June 29, 2018
N.Y. Times v. CIA (S.D.N.Y.) -- ruling that CIA properly relied on Exemption 1 and 3 in refusing to confirm or deny existence of records concerning program to arm Syrian rebels, and that public statements by President Trump and U.S. Army general did not constitute official acknowledgments of program.
Summaries of all published opinions issued since April 2015 available here.
LAF v. Dep't of Veterans Affairs (N.D. Ill.) -- holding that plaintiff adequately pled that agency has unlawful practice of processing first-party requests for veterans claims files solely under Privacy Act.
Am. Civil Liberties Union v. DOD (S.D.N.Y.) -- ruling that White House press secretary's public statements precluded CIA from refusing to confirm or deny existence of certain records concerning government raid in Yemen.
Heffernan v. HHS (D.D.C.) -- determining that agency did not show that it performed reasonable searches for two of four categories of records concerning NIH's Department of Spiritual Ministry, and that agency adequately justified its use of Exemption 5 (deliberative process privilege) to withhold all disputed records except for draft press release.
Summaries of all published opinions issued since April 2015 available here.
Shapiro v. DOJ (D.C. Cir.) -- affirming district court's decision that FBI properly withheld records pertaining to deceased Internet activist Aaron Swartz pursuant to Exemptions 3, 6, 7(C), and 7(E), but remanding portion of case pertaining to redacted records disclosed to plaintiff following appellate oral arguments.
Summaries of all published opinions issued since April 2015 available here.
Higgs v. U.S. Park Police (S.D. Ind.) -- in case involving records of death-row-plaintiff's triple homicide, concluding that: (1) government properly invoked Exemption 7(D) to withhold source information from FBI interviews, but that Exemption 7(C) withholdings were invalid because government failed to show third parties were still living after passage of 22 years; and (2) government improperly relied on Exemption 7(E) to withhold National Crime Information Center reports and ballistics reports.
Summaries of all published opinions issued since April 2015 available here.
Century Found. v. U.S. Dep't of Education (S.D.N.Y.) -- denying plaintiff's request for attorney's fees after finding that disclosure of records was triggered by APA-related temporary restraining order, and that all of plaintiff's FOIA claims lacked merit.
Summaries of all published opinions issued since April 2015 available here.
June 14, 2018
Janangelo v. Treasury Inspector Gen. for Tax Admin. (9th Cir.) (unpublished) -- affirming district court's decision that agency properly issued Exemption 6 Glomar response to request concerning third party's alleged misconduct, and that agency had not officially acknowledged existence of records.
Coffey v. Bureau of Land Mgmt. (D.D.C) -- awarding plaintiff attorney's fees in case concerning agency's Wild Horse and Burro Program, but reducing amount sought from $125,541 to $69,019 primarily because plaintiff spent excessive time on various pleadings.
Rhodes v. FBI (D.D.C.) -- ruling that FBI properly relied on Exemption 7(E) in refusing to confirm or deny the existence of records indicating whether plaintiff's name appears on any agency watch lists.
June 13, 2018
100Reporters v. DOJ (D.D.C.) -- concluding that DOH overbraodly applied Exemptions 4, 5, 6, and 7(C) in withholding certain records generated by company's independence compliance monitor.
Summaries of all published opinions issued since April 2015 available here.
Cause of Action Inst. v. IRS (D.D.C.) -- concluding that agency performed reasonable search for communications with White House regarding third-party document requests; notably approving IRS's decision not to search email accounts of Office of Disclosure employees because its highest ranking official attested that he was unaware of any relevant IRS-White House consultations.
[Note: I was counsel on this case for Cause of Action Inst. during its earlier stages]
Summaries of all published opinions issued since April 2015 available here.
Linder v. Exec. Office for U.S. Attorneys (D.D.C.) -- ruling that agency failed to adequately explain how it conducted search for trial exhibits sought by plaintiff or why its withholdings were justified under Exemptions 6 and 7(C).
Summaries of all published opinions issued since April 2015 available here.
Laverpool v. HUD (D.D.C.) -- determining that agency performed reasonable search for records concerning the foreclosure of plaintiff's home in Georgia, and that agency sufficiently explained why certain documents were not located.
Summaries of all published opinions issued since April 2015 available here.