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

MOTION for Summary Judgment

16 Cited authorities

  1. Mead Data Cent., v. U.S. Dept. of Air Force

    566 F.2d 242 (D.C. Cir. 1977)   Cited 1,201 times
    Holding that attorney-client privilege is consistent with exemption contained in section 552(b) of the FOIA

  2. Critical Mass Energy Project v. Nuclear Regulatory Commission

    975 F.2d 871 (D.C. Cir. 1992)   Cited 356 times   7 Legal Analyses
    Holding that information voluntarily given to the government must be "of a kind that would customarily not be released to the public by the person from whom it was obtained" to be confidential

  3. Schiller v. N.L.R.B

    964 F.2d 1205 (D.C. Cir. 1992)   Cited 226 times
    Holding an agency's litigation strategy "does qualify as 'high 2' material because its disclosure would risk circumvention of statutes or agency regulations"

  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. Public Citizen Health Research Grp. v. F.D.A

    704 F.2d 1280 (D.C. Cir. 1983)   Cited 204 times
    Holding that "documentation of the health and safety experience of [a company's] products" was commercial because such documentation was "instrumental in gaining marketing approval for their products"

  7. Gulf Western Industries, Inc. v. U.S.

    615 F.2d 527 (D.C. Cir. 1980)   Cited 86 times   1 Legal Analyses
    Holding that disclosure of a government report containing figures from which information obtained from a company could be extrapolated would disclose information obtained from a person and came within Exemption 4

  8. Public Citizen Health v. National Institutes of Health

    209 F. Supp. 2d 37 (D.D.C. 2002)   Cited 37 times
    Recognizing that the "pharmaceutical industry is a highly competitive market where companies routinely attempt to discover a possible advantage over their competitors"

  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. Westinghouse Elec. v. Schlesinger

    542 F.2d 1190 (4th Cir. 1976)   Cited 62 times
    Concluding that “[i]t has long been accepted” that a suit to enjoin a federal official from ultra vires action is an exception to the sovereign immunity doctrine

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

    5 U.S.C. § 552   Cited 12,209 times   557 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"