Eleventh Circuit· 4/23/1982
Chilivis v. Securities & Exchange Commission
Citations
- 673 F.2d 1205
- 33 Fed. R. Serv. 2d 1774
- 1982 U.S. App. LEXIS 19862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that once the agency provided access to the requested documents, the FOIA plaintiff had no legally cognizable interest in challenging an order exempting the documents from review
- concluding that requestor had not substantially prevailed where “[t]he records actually ordered disclosed by the district court amounted to an insignificant portion of the documents sought in the FOIA request”
- “Neither a motion to dismiss nor a motion for summary judgment constitutes responsive pleadings for purposes of the federal rules.”
- \[R]ecords and documents held by federal agencies are presumed subject to disclosure unless the agency can establish that the material falls into one of the FOIA's nine exemptions.\
- “[R]ecords and documents held by federal agencies are presumed subject to disclosure unless the agency can establish that the material falls into one of the FOIA’s nine exemptions.”
- agency does not automatically waive exemption by releasing documents to other agencies
Source: CourtListener parenthetical corpus (CC0).
Judges: Henderson, Johnson, Morgan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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