FOIA Advisor

Court opinion issued Jan. 17, 2023

Court Opinions (2015-2023)Ryan MulveyComment

Perioperative Services & Logistics, LLC v. Dep’t of Veteran Affairs (D.C. Cir.) — on appeal, holding that the district court did not abuse its discretion in choosing to accept and rely upon an ex parte declaration because, as the court below explained, “[t]his is one of the rare cases . . . where the ex parte submission, with its detailed description of the nature of the withheld document and the reasons underlying the exemption, was necessary to preserve the privacy of the third party” implicated in the underlying record; holding, further, that the agency properly applied Exemption 6 and satisfied its obligation to release reasonably segregable non-exempt portions of the record at issue.

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