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In Defense of Animals v. United States Department of Agriculture et al

MOTION for Summary Judgment

14 Cited authorities

  1. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,927 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"

  2. Johnson v. Executive Off. for U.S. Attorneys

    310 F.3d 771 (D.C. Cir. 2002)   Cited 414 times
    Holding that "the comprehensiveness of FOIA precludes the creation of a Bivens remedy" when plaintiff alleged defendant's "mishandling of FOIA request violated his constitutional right to due process under the Fifth Amendment"

  3. Public Citizen Health Research Group v. Food & Drug Administration

    185 F.3d 898 (D.C. Cir. 1999)   Cited 207 times
    Stating that "conclusory allegations unsupported by factual data will not create a triable issue of fact"

  4. National Parks Conservation Ass'n v. Morton

    498 F.2d 765 (D.C. Cir. 1974)   Cited 356 times   32 Legal Analyses
    Finding a likelihood of substantial competitive harm when disclosure would potentially enable competitors to underbid the plaintiff

  5. United States v. Generix Drug Corp.

    460 U.S. 453 (1983)   Cited 73 times
    Concluding that the term drug “is plainly intended throughout the Act to include entire drug products, complete with active and inactive ingredients” and must “include more than just active ingredients ... unless subsection (D) is to be superfluous”

  6. McDonnell Douglas v. U.S. Dept. of Air Force

    375 F.3d 1182 (D.C. Cir. 2004)   Cited 106 times   7 Legal Analyses
    Holding that courts "do not defer to the agency's conclusory or unsupported suppositions"

  7. Spirko v. United States Postal Service

    147 F.3d 992 (D.C. Cir. 1998)   Cited 111 times
    Rejecting a challenge that a court too hastily resorted to in camera review

  8. CNA Financial Corp. v. Donovan

    830 F.2d 1132 (D.C. Cir. 1987)   Cited 115 times   1 Legal Analyses
    Holding that "the scope of the [Trade Secrets] Act is at least co-extensive with that of Exemption 4 of FOIA"

  9. Webb v. Department of Health and Human Serv

    696 F.2d 101 (D.C. Cir. 1982)   Cited 54 times
    Holding that "in the absence of a particularized FOIA request" implicating a challenged regulation, the regulation's validity was not ripe for judicial review

  10. Tri-Bio Laboratories, Inc. v. U.S.

    836 F.2d 135 (3d Cir. 1987)   Cited 25 times   1 Legal Analyses
    Noting that the Hatch-Waxman Act reflected a statutory compromise between generic and pioneer drug manufacturers, and that the Act also provided several market advantages for pioneer drug manufacturers

  11. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,200 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

  12. Section 2131 - Congressional statement of policy

    7 U.S.C. § 2131   Cited 195 times   3 Legal Analyses
    Stating that one purpose of the AWA is "to assure the humane treatment of animals"