Brook v. Holzerland (5th Cir.) -- affirming district court’s decision that requester’s FOIA claims against HHS were barred by the six-year statute of limitations, 28 U.S.C. § 2401(a); rejecting requester’s arguments that agency delay was a “continuing tort” that reset the filing deadline or that the agency misrepresented requester’s right to sue, thus warranting equitable tolling.
Korf v. U.S. Dep’t of State (S.D. Fla.) (Mag. J.) -- denying government’s motion for an Open America stay after finding that the agency both failed to show the exceptional circumstances existed and that it exercised due diligence in processing plaintiff’s request; further ruling that summary judgment briefing was not premature even though the government had not yet processed all responsive records, because plaintiff contested matters unrelated to withholdings, such as the adequacy of the agency’s search and the agency’s rate of processing.
Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.