29 Cited authorities

  1. United States v. Hubbell

    530 U.S. 27 (2000)   Cited 444 times   11 Legal Analyses
    Holding foregone conclusion exception did not apply to request for broad categories such as "tax records" when the government made no showing "that it had any prior knowledge of either the existence or the whereabouts of the 13,120 pages of documents ultimately produced" under an immunity agreement
  2. Wolf v. C.I.A

    473 F.3d 370 (D.C. Cir. 2007)   Cited 514 times
    Holding that an "official acknowledgment waiver relates only to the existence or nonexistence of the records," and remanding "to the district court where the CIA must either disclose any officially acknowledged records or establish both that their contents are exempt from disclosure and that such exemption has not also been waived"
  3. American Civil Lib. v. U.S. of Dept. of Def.

    628 F.3d 612 (D.C. Cir. 2011)   Cited 449 times
    Holding that documents must have been made public through an "official and documented disclosure by the government"
  4. Shelton v. Am. Motors Corp.

    805 F.2d 1323 (8th Cir. 1986)   Cited 714 times   9 Legal Analyses
    Holding that an attempt to depose an attorney about documents her client possessed was protected by the work product privilege, as this knowledge would reflect her judgment as an attorney in identifying, examining, and selecting from her client's voluminous files those documents on which she relied in preparing her client's defense
  5. Wilner v. National Sec. Agency

    592 F.3d 60 (2d Cir. 2009)   Cited 192 times
    Holding that similarly worded provision related to the National Security Agency falls under Exemption 3
  6. Phillippi v. Central Intelligence Agency

    546 F.2d 1009 (D.C. Cir. 1976)   Cited 333 times   1 Legal Analyses
    Upholding CIA refusal to confirm or deny existence of records of CIA connection to activities of ship named the Hughes Glomar Explorer
  7. Matter of Fink v. Lefkowitz

    47 N.Y.2d 567 (N.Y. 1979)   Cited 300 times
    Noting that FOIL "established a general policy [in favor of] disclosure"
  8. In re Rattley v. New York City Police Department

    96 N.Y.2d 873 (N.Y. 2001)   Cited 151 times
    In Rattley v. N.Y. City Police Dep't, 96 N.Y.2d 873 (2001), the Court of Appeals reversed the First Department and held that a general certification by the NYPD that a diligent search had been conducted with negative results was sufficient evidence to establish compliance with FOIL. Again, while given an opportunity to challenge the search that was conducted, Mr. Waters has declined to do so.
  9. Lesher v. Hynes

    2012 N.Y. Slip Op. 2414 (N.Y. 2012)   Cited 70 times
    In Lesher, for example, the prosecutor's general explanation that the correspondence sought contained information concerning the particulars of the crime and the identities and statements of witnesses and that "its release posed an obvious risk of prematurely tipping the District Attorney's hand" was sufficient to support reliance on the exemption (id. at 67-68).
  10. Frugone v. Central Intelligence Agency

    169 F.3d 772 (D.C. Cir. 1999)   Cited 91 times
    Holding that disclosures are not "official" when "made by someone other than the agency from which the information is being sought"
  11. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,169 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party