Legal Opinion

Animal Legal Defense Fund v. U.S. Food & Drug Administration

Court of Appeals for the Ninth Circuit

Decided September 2, 2016No. 13-17131PublishedCited by 198 opinions

1Opinion of the Court

OPINION

2Per curiam

We voted to rehear this case en banc to reconsider our circuit precedent on the standard of review applicable to summary judgment decisions in cases brought pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. We agree with the three-judge panel that the appropriate standard of review is de novo.

We adopt and reiterate the reasoning set' forth by the three-judge panel in its concurrence. Under our usual practice, “[w]e review the district court’s grant or denial of motions for summary judgment de novo.” Ariz. Dream Act Coal. v. Brewer, 818 F.3d 901, 908 (9th Cir. 2016)…

3Cases cited23 opinions

  1. Mead Data Central, Inc. v. United States Department of the Air ForceCourt of Appeals for the D.C. Circuit · 1977
  2. Petroleum Information Corporation v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 1992
  3. Church of Scientology v. United States Department of the ArmyCourt of Appeals for the Ninth Circuit · 1979
  4. Eric B. Halpern, Dr. v. Federal Bureau of Investigation, United States Department of JusticeCourt of Appeals for the Second Circuit · 1999
  5. Church of Scientology International v. United States Department of JusticeCourt of Appeals for the First Circuit · 1994

18 more not listed; retrieve them via the Exa API.

4Cited by198 opinions

  1. Victoria Zetwick v. County of YoloCourt of Appeals for the Ninth Circuit · 2017
  2. Desiree Martinez v. City of ClovisCourt of Appeals for the Ninth Circuit · 2019
  3. Jennifer Freyd v. University of OregonCourt of Appeals for the Ninth Circuit · 2021
  4. Anthony Booth v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  5. Cameranesi v. United States Department of DefenseCourt of Appeals for the Ninth Circuit · 2017

193 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API