CAUSE OF ACTION INSTITUTE v. CONSUMER FINANCIAL PROTECTION BUREAU and 6 other new FOIA lawsuits

We have added 37 documents from 5 FOIA cases filed between December 11, 2016 and December 17, 2016. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. CAUSE OF ACTION INSTITUTE v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Dec 13, 2016)
   Cause of Action Institute submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning how the agency formulated its anti-arbitration rule and conducted its arbitration study. The agency located 3,554 pages. It disclosed 845 pages in full and 832 pages in part, and withheld 1,877 pages under Exemption 2 (internal practices and procedures), Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(E) (investigative methods and techniques). Cause of Action Institute filed an administrative appeal. The agency denied Cause of Action Institute’s appeal and Cause of Action Institute then filed suit.
   Issues: Litigation – Attorney’s fees
2. (PS) Glass v. US Department of Justice et al (filed Dec 12, 2016)
   Leigh Glass filed suit against the Department of Housing and Urban Development to force the agency to stop claiming that she had refused to contact them concerning a complaint. An Assistant U.S. Attorney in Sacramento was assigned to represent HUD. Glass cites FOIA as the basis for her suit against the Justice Department, but aside from allegations that they are making false claims against her, she has not filed a FOIA request or an administrative appeal.
   Issues: Litigation – Attorney’s fees, Litigation – Jurisdiction – Failure to Exhaust
3. LEOPOLD et al v. DEPARTMENT OF JUSTICE (filed Dec 13, 2016)
   Journalist Jason Leopold and researcher Ryan Shapiro submitted a FOIA request to the FBI for records concerning a number of various organizations. The focus of the request, however, was to determine the pattern of contacts the FBI may have had with conservative organizations opposing Hillary Clinton. The FBI acknowledged receipt of the request, but after hearing nothing further from the agency, Leopold and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Rutila v. United States Department of Transportation et al (filed Dec 15, 2016)
   Harold Ruitila submitted several FOIA requests to the Federal Aviation Administration for records concerning the Oklahoma City FAA office, as well as several named employees. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Ruitila filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PRO PUBLICA, INC. v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Dec 16, 2016)
   ProPublica submitted a FOIA request to the Veterans Health Administration for communications between Alvin Young, an agency consultant on the effects of Agent Orange and other herbicides, and a number of agency staff. The agency acknowledged receipt of the request, but despite a number of inquiries by ProPublica as to the status of its request, the agency failed to respond and ProPublica filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Benhoff v. United States Department of Justice et al (filed May 2, 2016)
• Sklarski et al v. Niagara Falls Bridge Commission et al (filed Jul 14, 2009)