FOIA Advisor

Court Opinions (2019)

Court opinion issued Jan. 17, 2019

Court Opinions (2019)Allan BlutsteinComment

Dillon v. DOJ (D.D.C.) -- determining that: (1) FBI failed to sufficiently address why it did not produced three known emails pertaining to investigation of Bruce Ivins, who killed himself before being indicted for anthrax attacks in 2001; and (2) in camera review was warranted for requested excerpts of FBI’s interim 2006 case report, which agency claimed was entirely exempt pursuant to deliberative process privilege.

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

Court opinion issued Jan. 16, 2019

Court Opinions (2019)Allan BlutsteinComment

Rocky Mountain Wild v. U.S. Bureau of Land Mgmt. (D. Colo., 2019) -- ruling that: (1) plaintiff’s claim concerning agency’s untimely response became moot once agency fully responded; (2) plaintiff’s claim seeking referral to Special Counsel was an invalid cause of action; and (3) plaintiff failed to establish that agency has pattern-or-practice claim of FOIA violations.

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

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.