Legal Opinion
ICM Registry, LLC v. U.S. Department of Commerce
District Court, District of Columbia
Decided March 12, 2008No. Civil Action 06-0949 (JR)PublishedCited by 35 opinions
1Opinion of the Court
MEMORANDUM
JAMES ROBERTSON, District Judge.
At bottom, this extended Freedom of Information Act (FOIA) dispute is about the scope of what might be called the “misconduct exception” to FOIA’s deliberative process privilege. FOIA exempts from disclosure those “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” 5 U.S.C. § 552(b)(5). The courts have long recognized that this provision contemplates a privilege for documents reflecting the “agency give-and-take” which precedes a final decision on…
2Cases cited12 opinions
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
- Coastal States Gas Corporation v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1980
- In re Sealed CaseCourt of Appeals for the D.C. Circuit · 1997
- William Jordan v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1978
- Critical Mass Energy Project v. Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Seife v. U.S. Dep't of StateDistrict Court, S.D. Illinois · 2018
- Fox News Network, LLC v. United States Department of the TreasuryDistrict Court, S.D. New York · 2010
- Bloche v. Dep't of Def.Court of Appeals for the D.C. Circuit · 2019
- National Whistleblower Center v. Department of Health and Human ServicesDistrict Court, District of Columbia · 2012
- Neighborhood Assistance Corporation of America (Naca) v. U.S. Department of Housing and Urban DevelopmentDistrict Court, District of Columbia · 2013
30 more not listed; retrieve them via the Exa API.