44 Cited authorities

New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,910 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
U.S. Dept. of Justice v. Reporters Committee
489 U.S. 749 (1989) Cited 1,918 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"
National Archives and Records Admin. v. Favish
541 U.S. 157 (2004) Cited 829 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
Cornelius v. Naacp Legal Defense Ed. Fund
473 U.S. 788 (1985) Cited 1,546 times
Holding that a charitable fundraising drive conducted in a federal workplace was a nonpublic forum
Kos Pharmaceuticals, Inc. v. Andrx Corp.
369 F.3d 700 (3d Cir. 2004) Cited 1,021 times 3 Legal Analyses
Holding that “ ‘trademark infringement amounts to irreparable injury as a matter of law’ ” (quoting S & R Corp. v. Jiffy Lube Int'l, Inc., 968 F.2d 371, 378 (3d Cir.1992))
Oglesby v. U.S. Dept. of Army
920 F.2d 57 (D.C. Cir. 1990) Cited 1,544 times
Holding that FOIA administrative exhaustion requirement is jurisdictional
Board of Education v. Pico ex rel. Pico
457 U.S. 853 (1982) Cited 451 times 5 Legal Analyses
Holding that while school boards "rightly possess significant discretion to determine the content of their school libraries . . . that discretion may not be exercised in a narrowly partisan or political manner"
Vaughn v. Rosen
484 F.2d 820 (D.C. Cir. 1973) Cited 1,965 times 1 Legal Analyses
Holding that an indexing system was necessary in FOIA cases to " assure that a party's right to information is not submerged beneath governmental obfuscation and mischaracterization, and permit the Court system effectively and efficiently to evaluate the factual nature of disputed information."
Sierra On-Line, Inc. v. Phoenix Software
739 F.2d 1415 (9th Cir. 1984) Cited 823 times
Holding that good faith is put at issue by choice of infringing phrase when other phrases were available because it may indicate "an intent to trade on [mark holder's] good will and product identity"
Prudential Real Estate Affiliates, Inc. v. PPR Realty, Inc.
204 F.3d 867 (9th Cir. 2000) Cited 287 times
Holding that citizenship of mere stakeholder need not be considered for complete diversity
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,434 times 134 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,421 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 552 - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. § 552 Cited 12,171 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

Electronic Frontier Foundation v. Office of the Director of National Intelligence

44 Cited authorities

Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

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"

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

Holding that a charitable fundraising drive conducted in a federal workplace was a nonpublic forum

Holding that “ ‘trademark infringement amounts to irreparable injury as a matter of law’ ” (quoting S & R Corp. v. Jiffy Lube Int'l, Inc., 968 F.2d 371, 378 (3d Cir.1992))

Holding that FOIA administrative exhaustion requirement is jurisdictional

Holding that while school boards "rightly possess significant discretion to determine the content of their school libraries . . . that discretion may not be exercised in a narrowly partisan or political manner"

Holding that an indexing system was necessary in FOIA cases to " assure that a party's right to information is not submerged beneath governmental obfuscation and mischaracterization, and permit the Court system effectively and efficiently to evaluate the factual nature of disputed information."

Holding that good faith is put at issue by choice of infringing phrase when other phrases were available because it may indicate "an intent to trade on [mark holder's] good will and product identity"

Holding that citizenship of mere stakeholder need not be considered for complete diversity

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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