E-Mails Regarding Competitor's Responsibility Not Releasable Under FOIA
Client Alert | less than 1 min read | 03.16.09
In Tybrin Corp. v. USAF (W.D. Ohio Feb. 19, 2009), the district court ruled that e-mails submitted by Tybrin regarding a competitor's responsibility, which ultimately resulted in the exclusion of that competitor, were confidential commercial information under FOIA Exemption 4 and, therefore, not releasable. In doing so, the court relied on Tybrin's practice of treating such e-mails as confidential, not only as to the general public but also within the company, and the fact that Tybrin had a "commercial interest" in the e-mails and so the e-mails were "commercial" information.
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Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA
In Trump v. CASA, the Supreme Court significantly constrained the equitable authority of federal district courts to grant universal or nationwide injunctive relief, clarifying that, with specific exceptions, a federal court’s power to grant relief is limited to the parties before it. When it was issued, many bemoaned CASA’s implications for preventing government overreach.
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