Formaldehyde Institute v. Department of Health and Human Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Exemption 5 protected comments by private referees for the American Journal of Epidemiology regarding a report submitted for publication by an employee of the Centers for Disease Control
• deciding “a recommendation (with suggestions) regarding an article’s suitability for publication” is pre-decisional
• upholding privilege where “the deliberative decision [in question was] about whether and in what form to publish the Report in the name of [HHS].”
• noting consultants were “expert scientists” who helped “evaluate the readiness of agency work for publication”
• “[E]ven if a prisoner proves an allegation of mistreatment in prison that amounts to cruel and unusual punishment, he is not entitled to release.”
• Exemption 5 encompasses “the protections traditionally afforded certain documents pursuant to evidentiary privileges in the civil discovery context, including . . . the executive deliberative process privilege.”

Source: CourtListener parenthetical corpus (CC0).