The Wolf Law Firm v. NTSB, No. 19-1401, 2019 WL 5081996 (E.D. Pa. Oct. 10, 2019) (Savage, J.)

The Wolf Law Firm v. NTSB, No. 19-1401, 2019 WL 5081996 (E.D. Pa. Oct. 10, 2019) (Savage, J.)

Re:  Plaintiff's request for cockpit videos and wreckage

Disposition:  In pertinent part, finding that FOIA does not provide adequate remedy to obtain cockpit videos and wreckage

• Litigation Considerations:  The court relates that "[plaintiff] invokes the APA" and "has requested investigative materials related to ten civil aviation accidents in which it represents victims and their families."  "The NTSB contends that an APA claim would fail because [plaintiff] has an adequate remedy provided by FOIA."  The court finds that "FOIA provides for the production of 'records.'"  "'For purposes of the FOIA, the term "records" does not include tangible objects.'"  "Records include videos, but cockpit videos are exempt from production."  "Because FOIA does not provide an 'adequate remedy' to obtain cockpit videos and wreckage, an NTSB refusal to provide these materials is subject to judicial review."