33 Cited authorities

Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 950 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
Nurre v. Whitehead
580 F.3d 1087 (9th Cir. 2009) Cited 957 times
Explaining rational basis review and when it applies to an alleged equal protection violation
Van Orden v. Perry
545 U.S. 677 (2005) Cited 237 times 2 Legal Analyses
Holding that "[s]imply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause" (citing Lynch, 465 U.S. at 680, 687, 104 S.Ct. 1355 )
Nation Magazine, Washington Bureau v. U.S.
71 F.3d 885 (D.C. Cir. 1995) Cited 689 times
Holding that "an obvious privacy interest . . . extends to third parties who may be mentioned in investigatory files, as well as to witnesses and informants who have provided information during the course of an investigation"
Truitt v. Department of State
897 F.2d 540 (D.C. Cir. 1990) Cited 450 times
Denying summary judgment because missing records left "substantial doubt as to the sufficiency of the search"
Nat'l Sec. Counselors v. Cent. Intelligence Agency
960 F. Supp. 2d 101 (D.D.C. 2013) Cited 125 times
Holding that the CIA's argument would “strip the word personnel of any real meaning”
Dale v. Internal Revenue Service
238 F. Supp. 2d 99 (D.D.C. 2002) Cited 93 times
Holding that request for "all files and/or reports" on the "Arch of the Covenant" was not specific enough for a CIA employee to find relevant files with a "reasonable amount of effort"
Yeager v. Drug Enforcement Administration
678 F.2d 315 (D.C. Cir. 1982) Cited 165 times
Holding that whether a request reasonably describes the records sought turns on "whether the agency is able to determine precisely what records are being requested"
Marks v. United States
578 F.2d 261 (9th Cir. 1978) Cited 183 times
Holding that "[c]onclusory allegations unsupported by factual data will not create a triable issue of fact" allowing a party to survive a summary judgment motion
Citizens Commission on Human Rights v. Food & Drug Administration
45 F.3d 1325 (9th Cir. 1995) Cited 96 times
Holding that the district court did not abuse its discretion in granting summary judgment in this FOIA action before allowing the plaintiff an opportunity to conduct additional discovery
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
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
Section 1803 - Designation of judges
50 U.S.C. § 1803 Cited 68 times 1 Legal Analyses
(a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under
Section 1872 - Declassification of significant decisions, orders, and opinions
50 U.S.C. § 1872 Cited 2 times 1 Legal Analyses
Requiring disclosure of FISC opinions that are declassified
Section 16.3 - Requirements for making requests
28 C.F.R. § 16.3 Cited 138 times
Explaining that, to obtain records held by an FBI field office, the requester must write directly to that office

Electronic Frontier Foundation v. United States Department of Justice

33 Cited authorities

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

Explaining rational basis review and when it applies to an alleged equal protection violation

Holding that "[s]imply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause" (citing Lynch, 465 U.S. at 680, 687, 104 S.Ct. 1355 )

Holding that "an obvious privacy interest . . . extends to third parties who may be mentioned in investigatory files, as well as to witnesses and informants who have provided information during the course of an investigation"

Denying summary judgment because missing records left "substantial doubt as to the sufficiency of the search"

Holding that the CIA's argument would “strip the word personnel of any real meaning”

Holding that request for "all files and/or reports" on the "Arch of the Covenant" was not specific enough for a CIA employee to find relevant files with a "reasonable amount of effort"

Holding that whether a request reasonably describes the records sought turns on "whether the agency is able to determine precisely what records are being requested"

Holding that "[c]onclusory allegations unsupported by factual data will not create a triable issue of fact" allowing a party to survive a summary judgment motion

Holding that the district court did not abuse its discretion in granting summary judgment in this FOIA action before allowing the plaintiff an opportunity to conduct additional discovery

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

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

Requiring disclosure of FISC opinions that are declassified

Explaining that, to obtain records held by an FBI field office, the requester must write directly to that office