Court opinion issued October 22, 2019
Rojas v. FAA (9th Cir.) -- (1) affirming district court’s decision that FAA properly relied on Exemption 2 to withhold minimum passing score for assessment test used to hire air traffic controllers; plaintiff’s assessment score; and applicant information for a particular air traffic controller opening; (2) affirming in part and reversing in part district court’s decision that FAA properly relied on Exemption 6 to redact personal email addresses of FAA employees from emails sent or received by FAA employee suspected of misconduct; (3) vacating and remanding district court’s ruling that certain emails sent or received by FAA employee were not agency records; declining to fully embrace D.C. Circuit’s four-factor test to determine whether agency “controls” records and holding that a court may consider “a range of evidence.”
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