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Split 9th Circ. Revives FAA Job Applicant’s FOIA Bid

Law360 (April 25, 2019, 10:56 PM EDT) -- A split Ninth Circuit panel on Wednesday revived a would-be air traffic controller's Freedom of Information Act suit against the Federal Aviation Administration, ruling that the documents sought by the unsuccessful job applicant aren't exempt from release just because they were generated by a third-party consultant.

The majority of the three-judge panel found that the lower court erred in granting summary judgment and allowing the FAA to withhold the documents requested by the rejected air traffic control candidate, Jorge Alejandro Rojas. The panel rejected the so-called "consultant corollary doctrine," a theory adopted by seven circuit courts so far that extends exemptions...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 9th Circuit

Nature of Suit

2895 Freedom of Information Act of 1974

Date Filed

January 6, 2017

Government Agencies

Judge Analytics