Animal Legal Def. Fund v. FDA, No. 13-17131, 2016 WL 4578362 (9th Cir. Aug. 26, 2016) (per curiam)

Animal Legal Def. Fund v. FDA, No. 13-17131, 2016 WL 4578362 (9th Cir. Aug. 26, 2016) (per curiam)

Re: Request for records concerning chicken egg production facilities

Disposition: Remanding case to three-judge panel to resolve the merits issues

• Litigation Considerations, Considerations on Appeal: The Court of Appeals for the Ninth Circuit "adopt[s] a de novo standard of review for summary judgment decisions in FOIA cases . . . and our other decisions to the contrary are overruled." The court finds that "de novo review fits better with the policy and purpose of FOIA." "With this correction of our precedent, en banc proceedings with respect to this case are terminated, and we return control of the case to the three-judge panel." "The panel will resolve the merits issues in this case and will issue a new or an amended opinion."