FOIA Advisor

Court opinions issued March 2, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Rojas v. FAA (9th Cir.) (en banc) -- holding that: (1) “consultant corollary” doctrine applied to documents prepared for agency by outside consulting firm and affirming district court’s decision that two of three disputed documents were protected by Exemption 5’s attorney work-product privilege; (2) agreeing with three-judge panel that FAA was not required to search outside consultant’s files and that agency did not adequately justify the adequacy of search of its own files.

Sabra v. U.S Customs & Border Prot. (D.D.C.) -- ruling that plaintiff was not entitled to any declaratory or injunctive relief where agency failed to meet statute’s response deadlines, and deferring decision as to whether agency performed adequate search or properly withheld records.

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