FOIA Advisor

Court opinions issued Mar. 8, 2019

Court Opinions (2019)Allan BlutsteinComment

Am. Small Bus. League v. DOD (N.D. Cal., 2019) -- ruling that: (1) DOD performed reasonable search for contracting records and communications between government and contractor in earlier FOIA litigation; (2) agency improperly relied on Exemption 3 (Procurement Integrity Act ) to withhold subcontracting performance and compliance records relating to contracts that were already awarded; (3) neither party established absence of material facts regarding applicability of Exemption 4 to subcontracting plans; (4) DOD release all communications that were not legitimately made pursuant to a joint defense agreement (unless protected by another FOIA exemption); and (5) agency properly withheld third-party information pursuant to Exemption 6, to which plaintiff did not object.

Niro v. IRS (D. Mass.) -- determining that agency performed adequate search for audit records concerning plaintiff’s tax returns and that it properly withheld records pursuant to Exemptions 3, 7(C), and 7(E).

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