Chiquita Brands Int'l, Inc. v. SEC, No. 13-435, 2013 WL 6092150 (D.D.C. November 19, 2013) (Leon, J.)

Tuesday, November 19, 2013
Re: Action seeking to prevent defendant from releasing certain documents in response to FOIA request by intervenor Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment
  • Reverse FOIA:  The court holds that "[t]here can be no doubt that [defendant] rationally determined from the record that disclosure of [plaintiff's] Payment Documents would not seriously interfere with the fairness of [ongoing] Litigation."  The court finds that "[plaintiff] failed to specifically articulate how disclosure of [plaintiff's] Payment Documents would confer an unfair advantage upon plaintiffs in the discovery process."  The court further explains that "[plaintiff's] speculation about potential publicity and its effect on a future jury in [ongoing] Litigation does not satisfy the level of certainty required by FOIA Exemption 7(B)."
District Court
Reverse FOIA
Updated August 6, 2014