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Soghoian v. Office of Management and Budget

Memorandum in opposition to re MOTION for Summary Judgment

45 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,628 times   38 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. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,911 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"

  3. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,035 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  4. Dept. of Air Force v. Rose

    425 U.S. 352 (1976)   Cited 1,665 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

  5. John Doe Agency v. John Doe Corp.

    493 U.S. 146 (1989)   Cited 542 times
    Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes

  6. SafeCard Servs., Inc. v. SEC

    926 F.2d 1197 (D.C. Cir. 1991)   Cited 1,695 times
    Holding that information in law enforcement records identifying private individuals is exempt from disclosure unless release is necessary to "confirm or refute compelling evidence that the agency is engaged in illegal activity"

  7. Military Audit Project v. Casey

    656 F.2d 724 (D.C. Cir. 1981)   Cited 1,214 times
    Holding that the CIA did not waive the applicability of Exemption 1 to all classified information relating to a subject by voluntarily releasing some formerly classified information about that subject

  8. Coastal States Gas Corp. v. Dept. of Energy

    617 F.2d 854 (D.C. Cir. 1980)   Cited 1,181 times   2 Legal Analyses
    Holding that when agency auditors communicate information from third parties to the agency's regional counsel and ask for legal advice, the regional counsel's written responses containing "neutral, objective analyses of agency regulations" are not privileged

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

    566 F.2d 242 (D.C. Cir. 1977)   Cited 1,199 times
    Holding that attorney-client privilege is consistent with exemption contained in section 552(b) of the FOIA

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

    310 F.3d 771 (D.C. Cir. 2002)   Cited 411 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"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 327,863 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

    5 U.S.C. § 552   Cited 12,147 times   555 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

  13. Section 512 - Limitations on liability relating to material online

    17 U.S.C. § 512   Cited 566 times   185 Legal Analyses
    Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

  14. Section 8111 - Intellectual Property Enforcement Coordinator

    15 U.S.C. § 8111   Cited 1 times   1 Legal Analyses

    (a) Intellectual Property Enforcement Coordinator The President shall appoint, by and with the advice and consent of the Senate, an Intellectual Property Enforcement Coordinator (in this subchapter referred to as the "IPEC") to serve within the Executive Office of the President. As an exercise of the rulemaking power of the Senate, any nomination of the IPEC submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on the Judiciary. (b) Duties of IPEC

  15. Section 8113 - Joint Strategic Plan

    15 U.S.C. § 8113   1 Legal Analyses

    (a) Purpose The objectives of the Joint Strategic Plan against counterfeiting and infringement that is referred to in section 8111(b)(1)(B) of this title (in this section referred to as the "joint strategic plan") are the following: (1) Reducing counterfeit and infringing goods in the domestic and international supply chain. (2) Identifying and addressing structural weaknesses, systemic flaws, or other unjustified impediments to effective enforcement action against the financing, production, trafficking