Category Archives: Attorney Fees

Meeting the “public benefit” standard in FOIA attorney fees cases.

In FOIA attorney fee cases, courts have created a false dichotomy between those requests for information that are in the public interest and those that further a private commercial interest, except those private commercial interests represented by mainstream media.  This distinction fails to consider that the commercial frequently becomes political.  For example, look at what happened when Eller & Co, a South Florida-based terminal and stevedoring company,  raised a stink about becoming “involuntary partner” of DP World – the Dubai Ports World Scandal, ultimately leading to a vigorous debate on issues of national security in our ports.  The purpose of this post is to identify a principle that would allow a corporation or individual not involved in media to satisfy the public interest test for attorney fees.

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Judge Randolph’s Concurrence in Burka v US Dept. of Health and Human Services

I have just started looking into FOIA Attorney Fees, and one thing I had found curious is that even though the statutory provision for attorney fees for FOIA applicants has fewer criteria than other provisions, such as EAJA, the courts have applied additional criteria to FOIA attorney fees, making an application MORE difficult.  I wrote about the statutes here.

It seems I am not alone.  Judge Randolph wrote a concurrence in Burka v. US Dept. of Health and Human Servs., 142 F. 3d 1286 (D.C. Cir. 1998) that raised the same concerns.  His concurrence argues much more eloquently than I could: Continue reading

Plain text readings of EAJA and FOIA fee shifting statutes don’t tell the whole story: the test for FOIA attorney fees.

Although the statute for attorney fee awards in Freedom of Information Act (FOIA) cases has fewer conditions on such awards than the statutes for attorney fee awards in the Equal Access to Justice Act (EAJA), courts have imposed their own conditions on FOIA attorney fees that are stricter than those for EAJA.  In this post, I want to explore the difference between the two statutes and the court decisions dealing with them. Continue reading