Animal Legal Def. Fund v. FDA, No. 13-17131, 2016 U.S. App. LEXIS 17713 (9th Cir. Sept. 30, 2016) (per curiam)
Re: Request for records concerning chicken egg production facilities
Disposition: Reversing and remanding district court's grant in part of defendant's motion for summary judgment
- Litigation Considerations, Considerations on Appeal: The Court of Appeals for the Ninth Circuit "conclude[s] that there is a genuine issue of material fact in this case and, therefore, [it] must reverse and remand to the district court for further proceedings." The court relates that "the en banc court overruled our earlier precedents on the applicable standard of review in [FOIA] cases decided on summary judgment." "The court held that the usual summary judgment standard applies, so we must review the district court's decision de novo." The court finds that "the parties submitted competing declarations concerning the potential competitive effect of releasing egg-production information" and, therefore, "'summary judgment would not be appropriate because the record contains a disputed issue of material fact.'"