Free Newsletter
USPTO properly redacted info in responsive documents
Where the United States Patent and Trademark Office, or USPTO, redacted confidential, sensitive and privileged information from bar disciplinary hearings before producing the documents to an expelled attorney, it prevailed in a suit challenging the redactions. Background Richard Polidi, an attorney who had been expelled from the patent bar, submitted a request for documents to […]
SEC’s search for documents was inadequate
Where the Securities and Exchange Commission, or SEC, limited the scope of its search in response to requests under the Freedom of Information Act, its search was inadequate. Background On Aug. 13, 2021, the SEC received a Freedom of Information Act, or FOIA, request from Empower Oversight Whistleblowers & Research. Generally, the requests sought information […]
Search for responsive records request was adequate
Where the United States Patent and Trademark Office, or USPTO, submitted a declaration explaining the methodology of and rationale behind its search process, indicating the types of searches performed, listing the various locations searched and specifying the search terms used, the court found that the searches were reasonably calculated to find records responsive to a […]
Disclosure ordered for employees’ petition
Where plaintiff seeks documents from defendant municipality under the Virginia Freedom of Information Act, an employee petition to the personnel committee to discuss complaints and concerns about the town manager is not exempt from disclosure. Background Hawkins sought mandamus relief to compel the town of South Hill to provide documents he requested under the VFOIA. […]
Requester exhausted remedies before filing suit
Where a plaintiff’s initial complaint challenging the government’s response to requests under the Freedom of Information Act was filed more than 20 business days after the request was made, the administrative remedies were exhausted. Background Ayyakkanu Manivannan filed a complaint pursuant to FOIA against the Department of Energy’s National Energy Technology Laboratory, or NETL, alleging [[...]
In camera review doesn’t back deliberate process claim
Although the Council on Environmental Quality, or CEQ, claimed the production of dozens of unredacted documents would chill speech, stifle “frank and open discussions” and confuse the public, an in camera review did not support these assertions. Background Southern Environmental Law Center, or SELC, filed this action against the CEQ Nov. 30, 2018, seeking to […]
Closed session did not violate FOIA
A town council complied with the Freedom of Information Act when it went into closed session to discuss personnel matters. Overview Plaintiff Hart has filed a complaint raising three issues regarding the town council’s compliance with FOIA in relation to calling a special meeting and then going into a closed session on personnel matters. Plaintiff […]
Closed sessions to discuss library closure violated VFOIA
A county board of supervisors violated the Virginia Freedom of Information Act by improperly going into closed sessions, and by discussing matters than went beyond the scope of the stated reason for going into closed sessions. Background The Smyth-Bland Regional Library had a nine-member board of trustees. The Smyth County Board of Supervisors appointed seven […]
Late release of database system information violated VFOIA
Where plaintiff reporter sought information concerning a database system from defendant corrections department, the request was “reasonably specific.” Defendant’s late response violated the Virginia Freedom of Information Act. Overview Plaintiff Harki wrote a series of articles for the Virginian-Pilot about a Virginia Department of Corrections policy regarding strip searches of inmates’ vi[...]
County board’s closed sessions violated FOIA
Where a county Board of Supervisors met in closed session and discussed the contents of an ad to replace the county attorney, and also discussed alternatives to the current county attorney set up, the board violated the Virginia Freedom of Information Act. This discussion, and any decision on the criteria for employment, should have been […]
Legal group has standing for FOI claim
Where the Southern Environmental Law Center pleaded that policies and practices of the Department of the Interior were being used to violate the Freedom of Information Act, and that it was being injured by those policies, it had standing to move to enjoin application of the allegedly unlawful policies. Background SELC filed this action under […]
Documents denied despite delay in response
Although the Council on Environmental Quality did not respond to the Southern Environmental Law Center’s FOIA request within the 20 days required by statute, the delay, by itself, does not entitle the center to the documents. Moreover, because the agency argued some of the requested documents may be exempt under FOIA, the center’s motion seeking disclosure […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
