Skip to main content

Nat'l Sec. Counselors v. CIA, No. 14-5171, 2016 WL 191904 (D.C. Cir. Jan. 15, 2016) (Pillard, J.)

Date

Nat'l Sec. Counselors v. CIA, No. 14-5171, 2016 WL 191904 (D.C. Cir. Jan. 15, 2016) (Pillard, J.)

Re: Small nonprofit corporation's request for attorney fees

Disposition: Reversing and remanding district court's denial of plaintiff's request for attorney fees

  • Attorney Fees, Eligibility:  The Court of Appeals for the District of Columbia Circuit "hold[s] that a corporation with a legal identity distinct from the attorney who represents it in litigation is eligible to recover attorney's fees under FOIA."  The court finds that "[t]he district court failed to account correctly for [plaintiff's] status as a nonprofit corporation."  "The Supreme Court has drawn a clear distinction between an 'organization, which is always represented by counsel,' and a pro se individual."  The court explains that "[w]hile individuals who represent themselves may not recover fees, organizations that represent themselves may so recover."  The court "hold[s] that a bona fide corporation with a legally recognized, distinct identity from the natural person who acts as its lawyer is eligible for attorney's fees under FOIA provided it substantially prevails."  "Even a small corporation like [plaintiff] is generally eligible for fees under FOIA."  "The existence of an entity, formally separate from the natural person acting as its lawyer, makes the difference."  The court does also find that "[p]roof that a putative organization lacks a legal identity distinct from that of the natural person(s) that comprise it might suffice to render it ineligible for FOIA fees, but the government has not persuasively made that case here."
Court Decision Topic(s)
Attorney Fees
Court of Appeals opinions
Updated March 3, 2016