· 3/10/2005
Dennis R. Walsh v. United States Department of Veterans Affairs
Citations
- 400 F.3d 535
- 2005 U.S. App. LEXIS 3978
- 2005 WL 552990
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff’s policy-or-practice claim was moot when he had shown only a “faint possibility” that he would “ever request additional records”
- finding that FOIA precluded APA claim that sought relief for agency’s late production of records
- noting that “[w]e review the district court’s decision [entering summary judgment on mootness grounds] de novo,” and proceeding to address the specific question of voluntary cessation de novo
- considering “voluntary cessation” of unlawful conduct exception to mootness in a FOIA case, but finding that the plaintiff failed to satisfy this exception
- rejecting application of the capable-of-repetition-yet- evading-review exception to FOIA claim because plaintiff failed to establish he would \request additional documents and that the VA will again fail to produce them in a timely manner\
- rejecting the viability of a separate APA claim in a FOIA case
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Evans, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.