Legal Opinion

Mobley v. Department of Homeland Security

Court of Appeals for the D.C. Circuit

Decided December 10, 2012No. Civil Action No. 11-2074 (BAH)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

This action, brought pursuant to the Freedom of Information Act (“FOIA”), 5 *44U.S.C. § 552 et seq., and the Privacy Act (“PA”), 5 U.S.C. § 552a et seq., comes before the Court on. the plaintiffs petition for attorney’s fees. The primary question presented is whether a FOIA plaintiff has “substantially prevailed” when the plaintiff sought, but never received, any records responsive to its request, but the plaintiffs lawsuit nevertheless succeeded in causing the defendant to process a request that the agency had previously refused to process.

I.…

2Cases cited15 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  3. Ciralsky v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2004
  4. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  5. Brayton v. Office of United States Trade RepresentativeCourt of Appeals for the D.C. Circuit · 2011

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3Cited by12 opinions

  1. American Oversight v. U.S. Dep't of JusticeCourt of Appeals for the D.C. Circuit · 2019
  2. DaSilva v. United States Citizenship & Immigration ServicesCourt of Appeals for the Fifth Circuit · 2014
  3. People for the Ethical Treatment of Animals v. National Institutes of Health, Department of Health and Human ServicesDistrict Court, District of Columbia · 2015
  4. Codrea v. Bureau of Alcohol, Tobacco, Firearms, and ExplosivesDistrict Court, District of Columbia · 2017
  5. Grand Canyon Trust v. ZinkeCourt of Appeals for the D.C. Circuit · 2018

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

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