Overview of FOIA Litigation 1 Threshold Considerations Jurisdiction
- Slides: 17
Overview of FOIA Litigation 1
Threshold Considerations: Jurisdiction and Venue Ø Jurisdiction: U. S. District Courts Ø Improperly withheld agency records Ø De novo review 2
Threshold Considerations: Jurisdiction and Venue Ø Statute of limitations 3
Threshold Considerations: Pleadings Ø Answer -- 30 days from service of Complaint Ø Only federal agency proper party defendant 4
Threshold Considerations: Mootness Ø All documents released 5
Exhaustion of Administrative Remedies ØRequired for judicial review Ø Constructive exhaustion Ø Failure to pay fees Ø Impact mitigated by Open America 6
“Open America” Stay Ø Exceptional circumstances Ø Exercising due diligence 7
Summary Judgment: Threshold Requirements Ø Agency bears burden of proof to justify nondisclosure Ø Duty to segregate Ø Waiver of exemptions in litigation 8
Summary Judgment: Search Issues Adequacy of search • Good faith effort/methods reasonably expected to produce records requested • Proof by detailed, nonconclusory affidavit explaining scope/method of search 9
Summary Judgment: Vaughn Index Ø Itemized index correlating each withheld document/portion to specific FOIA exemption Ø When Vaughn index not needed 10
Summary Judgment: Vaughn Index Ø Generic explanations for 7(A) documents Ø Sampling Ø Coded index 11
In Camera Inspection of Records Ø Discretion of judge -- exception, not rule Ø No access by requester’s counsel or experts Ø In camera affidavits 12
Discovery Ø Extremely limited Ø Can be premature Ø Interrogatories or requests for admissions vs. depositions 13
Attorneys Fees & Litigation Costs: Eligibility Ø Requester must “substantially prevail” Ø Relief through: • court order or enforceable agreement or consent decree or • voluntary change in agency’s position if complainant’s claim is not insubstantial 14
Attorneys Fees & Litigation Costs: Entitlement Ø Public benefit derived from case Ø Commercial benefit to complainant 15
Attorneys Fees & Litigation Costs: Entitlement Ø Nature of complainant’s interest in information Ø Whether withholding had reasonable basis in law 16
Questions? 17
- Privacy act vs foia
- Research & litigation support
- Claims litigation management software
- Litigation project management
- Association of litigation support professionals
- Medicare jurisdiction k
- Jurisdiction cacodaemonic
- Federal question jurisdiction
- Commodity jurisdiction final determinations
- Jurisdiction vs venue
- Writ of the state
- Personal jurisdiction
- Universal jurisdiction
- Hierarchy of criminal courts in india
- Jurisdiction vs venue
- Federal reserve jurisdiction
- Ban logic
- Types of jurisdiction