FOIA Advisor

Court opinions issued June 7, 2022

Court Opinions (2015-2023)Allan BlutsteinComment

Inter-Cooperative Exch. v. U.S. Dep't of Commerce (9th Cir.) -- in a 2-1 decision, reversing and remanding district court’s decision and holding that agency employee failed to use adequate terms when searching his personal cell phone for records concerning the arbitration system that sets the price of crab.

Am. Small Bus. League v. SBA (N.D. Cal.) -- concluding that: (1) plaintiff was a representative of the news media for fee purposes, consistent with multiple court decisions holding that “non-profit organizations that conduct investigations and publish press release and other articles about their findings” so qualified; and (2) plaintiff failed to demonstrate that it was entitled to public interest waiver of duplication fees for requests seeking communications from agency’s press office and board members.

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