FOIA Advisor

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Court opinions issued June 23-24, 2021

June 24, 2021

Informed Consent Action Net. v. NIH (D. Ariz.) -- concluding that: (1) NIH performed adequate search for safety and efficacy data concerning Moderna’s COVID-19 vaccine, and (2) NIH failed to show that certain information, such as patients’ age or adverse events, was properly redacted under Exemption 6.

Maehr v. IRS (D. Colo.) -- ruling that agency performed adequate search for certain tax assessment documents concerning plaintiff and that plaintiff was not entitled to a court declaration that such documents do or do not exist, or have ever existed, within the IRS's record-keeping system.

June 23, 2021

Satterlee v. IRS (W.D. Mo.) -- denying government’s motion to dismiss after finding that: (1) plaintiff’s certified mail delivery receipts were sufficient evidence that IRS received plaintiff’s requests; and (2) construed liberally, plaintiff’s second request was valid despite also containing a demand for non-FOIA action.

Summaries of all published opinions issued since April 2015 are available here.