62 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,687 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,173 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 115,125 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,769 times   60 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  5. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,019 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )
  6. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,957 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"
  7. National Archives and Records Admin. v. Favish

    541 U.S. 157 (2004)   Cited 852 times
    Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts
  8. Dickinson v. Zurko

    527 U.S. 150 (1999)   Cited 1,005 times   20 Legal Analyses
    Holding that the more deferential substantial-evidence standard, and not the "stricter" and less deferential clear-error standard, applies to challenges to Patent and Trademark Office's patent denials, as it does to other agencies
  9. Dept. of Air Force v. Rose

    425 U.S. 352 (1976)   Cited 1,689 times   1 Legal Analyses
    Holding that although "redaction cannot eliminate all risks of identifiability," it was a "familiar technique" and sufficient to protect the identities of Air Force Academy cadets described in summaries of disciplinary proceedings
  10. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 845 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,380 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,880 times   230 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,524 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,382 times   558 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
  15. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,893 times   28 Legal Analyses
    Governing testimony of lay witnesses
  16. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,349 times   33 Legal Analyses
    Granting judicial review over " final agency action"
  17. Section 2.27 - When will the bureau notify a submitter of a request for their possibly confidential information?

    43 C.F.R. § 2.27   Cited 3 times

    (a) Except as outlined in § 2.29 of this subpart, a bureau must exercise due diligence to promptly notify a submitter in writing when it receives a FOIA request if: (1) The requested information has been designated by the submitter as confidential information under § 2.26(a) of this subpart; or (2) The requested information has not been designated as confidential information by the submitter under § 2.26(a) of this subpart, but the bureau identifies it as possibly confidential information. (b) If

  18. Section 2.30 - How and when may a submitter object to the disclosure of confidential information?

    43 C.F.R. § 2.30   1 Legal Analyses

    (a) If a submitter has any objections to the disclosure of confidential information, the submitter should provide a detailed written statement to the bureau that specifies all grounds for withholding the particular information under any FOIA exemption (see § 2.31 of this subpart for further discussion of Exemption 4 objection statements). (b) A submitter who does not respond within the time period specified under § 2.28(d) of this subpart will be considered to have no objection to disclosure of the