Public Benefit

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 …

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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 …

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