Topic: a presumption of good faith, which cannot be rebutted by 'p… · Go Syfert
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Topic #45

24 canonical passages across 22 cases, quoted by 3,552 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Safecard Services, Inc. v. Securities and Exchange Commission.

#Case FlagCanonical passage Citers
1 Safecard Services, Inc. v. Securities and Exchange Commission Anchor
cadc · 1991
green “a presumption of good faith, which cannot be rebutted by 'purely speculative claims about the existence and discoverability of other documents.” 801
2 Military Audit Project, Felice D. Cohen, Morton H. Halperin v. William Casey, Director of Central Intelligence
cadc · 1981
green “the documents and the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.” 675
3 Valencia-Lucena v. United States Coast Guard
cadc · 1999
green “an agency fulfills its obligations under foia if it can demonstrate beyond material doubt that its search was 'reasonably calculated to uncover all relevant documents.” 272
4 Defenders of Wildlife v. United States Border Patrol
dcd · 2009
green “foia cases typically and appropriately are decided on motions for summary judgment.” 263
5 Weisberg v. U.S. Department of Justice
cadc · 1983
green “reasonably calculated to uncover all relevant documents.” 210
6 GUILLERMO FELIPE DUEÑAS ITURRALDE v. COMPTROLLER OF THE CURRENCY
cadc · 2003
green “the adequacy of a foia search is generally determined not by the fruits of the search, but by the appropriateness of the methods used to carry out the search.” 205
7 Marc Truitt v. Department of State
cadc · 1990
green “leaves substantial doubt as to the sufficiency of the search, summary judgment for the agency is not proper.” 188
8 United States Department of Justice v. Reporters Committee for Freedom of the Press
scotus · 1989
green “unlike the review of other agency action that must be upheld if supported by substantial evidence and not arbitrary or capricious, the foia expressly places the burden 'on the agency to sustain its action' and directs the district courts to 'determine the matter de novo.” 182
9 Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)
cadc · 1984
green “is judged by a standard of reasonableness and depends, not surprisingly, upon the facts of each case.” 111
10 National Ass'n of Home Builders v. Norton
cadc · 2002
green “at all times courts must bear in mind that foia mandates a 'strong presumption in favor of disclosure.” 108
11 Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)
cadc · 1984
green “the issue to be resolved is not whether there might exist any other documents possibly responsive to the request, but rather whether the search for those documents was adequate.” 108
12 Mead Data Central, Inc. v. United States Department of the Air Force
cadc · 1977
green “it has long been a rule in this circuit that non-exempt portions of a document must be disclosed unless they are inextricably intertwined with exempt portions.” 102
13 Federal Bureau of Investigation v. Abramson
scotus · 1982
green “sets forth a policy of broad disclosure of government documents in order 'to ensure an informed citizenry, vital to the functioning of a democratic society.” 59
14 Weisberg v. U.S. Department of Justice
cadc · 1983
green “may rely upon affidavits ..., as long as they are relatively detailed and nonconclusory and ... submitted in good faith.” 52
15 Petroleum Information Corporation v. United States Department of the Interior
cadc · 1992
green “to fall within the deliberative process privilege, materials must bear on the formulation or exercise of agency policy-oriented judgment.” 46
16 Hardy v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
dcd · 2017
green “this burden does not shift even when the requester files a cross-motion for summary judgment because 'the government ultimately has the onus of proving that the documents are exempt from disclosure,' while the 'burden upon the requester is merely to establish the absence of mate…” 33
17 Barnard v. Department of Homeland Security
dcd · 2008
green “a declarant in a foia case satisfies the personal knowledge requirement in rule 56(e) if in his declaration, he attests to his personal knowledge of the procedures used in handling a foia request and his familiarity with the documents in question” 30
18 Johnson, Neil v. Exec Off US Atty
cadc · 2002
green “requires that even if some materials from the requested record are exempt from disclosure, any 'reasonably segregable' information from those documents must be disclosed after redaction of the exempt information unless the exempt portions are 'inextricably intertwined with exemp…” 28
19 Competitive Enterprise Institute v. United States Environmental Protection Agency
dcd · 2017
green “that its search for responsive records was adequate, that any exemptions claimed actually apply, and that any reasonably segregable non-exempt parts of records have been disclosed after redaction of exempt information.” 23
20 Spannaus v. Central Intelligence Agency
dcd · 1993
green “if the requester produces countervailing evidence placing the sufficiency of the identification or retrieval procedures genuinely in issue, summary judgment is inappropriate.” 17
21 Campbell v. United States Department of Justice
cadc · 1998
green “based on what the agency knew at its conclusion rather than what the agency speculated at its inception.” 14
22 Judicial Watch, Inc. v. United States Postal Service
dcd · 2004
green “helps to prevent premature disclosure of proposed policies and protects against public confusion through the disclosure of documents suggesting reasons for policy decisions that were ultimately not taken.” 9
23 Hunton & Williams LLP v. U.S. Envtl. Prot. Agency
cadc · 2018
green “mandates release of properly requested federal agency records, unless the materials fall squarely within one of nine statutory exemptions.” 9
24 Pinson v. United States Department of Justice
dcd · 2017
green “may rely on declarations that are reasonably detailed and non-conclusory,” 7

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