Kalbers v. DOJ (9th Cir.) -- reversing district’s court’s decision and holding that Exemption 3, in conjunction with Federal Rule of Criminal Procedure 6(e), protected nearly all records provided by Volkswagen to DOJ pursuant to federal grand jury subpoena; rejecting the district court’s approach that focused on whether the documents themselves were inherently revealing and reasoning that disclosure would necessarily reveal matters occurring before the grand jury by exposing the scope and direction of its investigation into Volkswagen’s emissions fraud; remanding only for consideration of whether four unmarked documents must be disclosed.
Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.