FOIA Advisor

Court opinion issued May 1, 2024

Court Opinions (2024)Allan BlutsteinComment

VRA Enters. v. CMS (M.D. Fla.) -- denying government’s motion to dismiss and oddly ruling that: (1) HHS Office of Inspector General’s response that it did not maintain requested records (and forwarding request to CMS) was not an adverse determination triggering exhaustion requirement; and (2) OIG's response letter failed to notify plaintiff of its right to seek assistance from a FOIA Public Liaison, and therefore it did not trigger actual exhaustion.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.