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Yanofsky v. Department of Commerce

Cross MOTION for Summary Judgment

38 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,728 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 1,922 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. National Archives and Records Admin. v. Favish

    541 U.S. 157 (2004)   Cited 834 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

  4. Environmental Protection Agency v. Mink

    410 U.S. 73 (1973)   Cited 1,090 times   2 Legal Analyses
    Holding that the privilege does not protect "memoranda consisting only of compiled factual material or purely factual material contained in deliberative memoranda and severable from its context . . ."

  5. Campbell v. United States Dept. of Justice

    164 F.3d 20 (D.C. Cir. 1998)   Cited 698 times
    Holding that an agency could not decline to search beyond one record system when records in that system themselves indicated that there were undiscovered responsive records in other record systems, because "[a]n agency has discretion to conduct a standard search in response to a general request, but it must revise its assessment of what is 'reasonable' in a particular case to account for leads that emerge during its inquiry"

  6. Wolf v. C.I.A

    473 F.3d 370 (D.C. Cir. 2007)   Cited 515 times
    Holding that an "official acknowledgment waiver relates only to the existence or nonexistence of the records," and remanding "to the district court where the CIA must either disclose any officially acknowledged records or establish both that their contents are exempt from disclosure and that such exemption has not also been waived"

  7. Carney v. U.S. Dept. of Justice

    19 F.3d 807 (2d Cir. 1994)   Cited 511 times
    Holding that such affidavits are accorded a presumption of good faith

  8. Jackson v. Finnegan, Henderson, Farabow

    101 F.3d 145 (D.C. Cir. 1996)   Cited 306 times
    Holding that the district court may rely on statements submitted in accordance with the local rule and "is under no obligation to sift through the record . . . in order to evaluate the merits of party's case"

  9. Oglesby v. U.S. Dept. of Army

    79 F.3d 1172 (D.C. Cir. 1996)   Cited 245 times
    Finding the NSA's descriptions inadequate where the agency's declaration "offered no details regarding the [withheld] documents, but conclusively stated they were all currently and properly classified"

  10. N.S. v. District of Columbia

    709 F. Supp. 2d 57 (D.D.C. 2010)   Cited 96 times
    Awarding tuition reimbursement where IEP providing "incomplete picture" caused parents to enroll in private school

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,482 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,429 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

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

    5 U.S.C. § 552   Cited 12,191 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

  14. Section 9701 - Fees and charges for Government services and things of value

    31 U.S.C. § 9701   Cited 56 times   2 Legal Analyses
    Requiring agency to consider "public policy or interest served"

  15. Section 1525 - Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or copies; cost payments for special work; joint projects: cost apportionment, waiver

    15 U.S.C. § 1525   Cited 14 times

    The Secretary of Commerce is authorized, upon the request of any person, firm, organization, or others, public or private, to make special studies on matters within the authority of the Department of Commerce; to prepare from its records special compilations, lists, bulletins, or reports; to perform the functions authorized by section 1152 of this title; and to furnish transcripts or copies of its studies, compilations, and other records; upon the payment of the actual or estimated cost of such special

  16. Section 2116 - Legal status of reproductions; official seal; fees for copies and reproductions

    44 U.S.C. § 2116   Cited 5 times

    (a) When records that are required by statute to be retained indefinitely have been reproduced by photographic, microphotographic, digital, or other processes, in accordance with standards established by the Archivist the indefinite retention by the photographic, microphotographic, digital, or other reproductions constitutes compliance with the statutory requirement for the indefinite retention of the original records. The reproductions, as well as reproductions made under regulations to carry out

  17. Section 2455 - Appropriations

    22 U.S.C. § 2455   Cited 1 times

    (a) Availability Amounts appropriated to carry out the purposes of this chapter are authorized to be made available until expended. (b) Acquisition of foreign currencies Funds appropriated for programs under this chapter may, without regard to section 3651 1 of the Revised Statutes ( 31 U.S.C. 543 ), be used for the acquisition from any source of foreign currencies in such amounts as may be necessary for current expenditures and for grants, including grants to foundations and commissions in accordance

  18. Section 1387 - Photographic reproductions and maps

    7 U.S.C. § 1387   Cited 1 times

    The Secretary may furnish reproductions of information such as geo-referenced data from all sources, aerial or other photographs, mosaics, and maps as have been obtained in connection with the authorized work of the Department to farmers and governmental agencies at the estimated cost of furnishing such reproductions, and to persons other than farmers at such prices as the Secretary may determine (but not less than the estimated costs of data processing, updating, revising, reformatting, repackaging

  19. Section 1708 - Prices for sales copies of publications; crediting of receipts; resale by dealers; sales agents

    44 U.S.C. § 1708   Cited 1 times

    The price at which additional copies of Government publications are offered for sale to the public by the Superintendent of Documents shall be based on the cost as determined by the Director of the Government Publishing Office plus 50 percent. A discount may be allowed as determined by the Superintendent of Documents, but the printing may not interfere with prompt execution of work for the Government. The Superintendent of Documents may prescribe terms and conditions under which he authorizes the

  20. Section 2458 - Authority of President

    22 U.S.C. § 2458

    (a) Performance of certain functions without regard to other laws; appropriation credits upon reimbursement for services in connection with exchange activities (1) Whenever the President determines it to be in furtherance of this chapter, the functions authorized in section 2452(a)(2) and (3) of this title may be performed without regard to such provisions of law or limitations of authority regulating or relating to the making, performance, amendment, or modification of contracts, the acquisition

  21. Section 4.11 - Fees

    15 C.F.R. § 4.11   Cited 4 times

    (a)In general. Components shall charge fees for processing requests under the FOIA in accordance with paragraph (c) of this section, except where fees are limited under paragraph (d) of this section or when a waiver or reduction is granted under paragraph (l) of this section. A component shall collect all applicable fees before processing a request if a component determines that advance payment is required in accordance with paragraphs (i)(2) and (i)(3) of this section. If advance payment of fees

  22. Section 1303.30 - Responsibility for responding to requests

    5 C.F.R. § 1303.30   Cited 1 times

    (a)Search cutoff date. In determining which records are responsive to a request, OMB ordinarily will include only records in its possession as of the date that it begins its search. If any other date is used, OMB will inform the requester of that date. (b)Transfer of records to the National Archives and Records Administration (NARA). Permanent records of OMB which have been transferred to the control of NARA under the Federal Records Act are not in the control of OMB and are therefore not accessible