In a Freedom of Information Act (FOIA) action seeking certain FBI records, the denial of an attorney’s fee award to Plaintiff is affirmed, where the amendment to FOIA in the OPEN Government Act of 2007 does not apply retroactively, and thus Plaintiff was not entitled to fees under that provision.

Read Summers v. Dep’t of Justice, No. 07-5315

Appellate Information

Argued November 10, 2008

Decided June 26, 2009

Judges

Opinion by Judge Ginsburg

Counsel

For Appellant:

James H. Lesar

For Appellee:

Darrell C. Valdez, Assistant U.S. Attorney, Washington, DC

Jeffrey A. Taylor, Assistant U.S. Attorney, Washington, DC

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