FOIA Advisor

Court Opinions (2019)

Court opinions issued Jan. 9, 2019

Court Opinions (2019)Allan BlutsteinComment

Democracy Forward Found. v. White House Office of Am. Innovation (D.D.C.) -- ruling that White House Office of American Innovation is not an “agency” subject to FOIA requests because it is “an entity within the White House Office which does not exercise substantial authority independent of the President.”

Grynberg v. DOJ (2nd Cir.) -- summarily affirming district court’s decision that agency properly withheld records pursuant to Exemption 3 in conjunction with Rule 6(e) of Federal Rules of Criminal Procedure and the Mutual Legal Assistance Treaty between the United States and Switzerland.

Summaries of all published opinions issued since April 2015 are available here.

Court opinion issued Jan. 2, 2019

Court Opinions (2019)Allan BlutsteinComment

Sikes v. U.S. Dep't of the Navy (S.D. Ga.) -- on remand from 11th Circuit , which had held that agency could not refuse to process plaintiff’s duplicate request, ruling that: (1) plaintiff’s claim was not precluded by res judicata, (2) agency performed adequate and good faith search for records; and (3) plaintiff substantially prevailed and would be entitled to reasonable attorney’s fees and costs.

Summaries of all published opinions issued since April 2015 are available here.