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trial is fading.
CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES … ii CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), Appellant Cause of Action Institute states the following: I. Parties and Amici Cause of Action Institute is the Appellant in this case and was the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 4 that Plaintiff had a right to sue for non-responsiveness after November 22, 2012, when the 30-day period had expired. (Ex. 2) 9. By letter dated December 11, 2012, the IRS provided an interim response CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTION FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSIS additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might PLEA BARGAINING AND ITS EFFECT ON THE SIXTH AMENDMENT For the purposes of this post, “plea bargaining” refers to “agreements between defendants and prosecutors where defendants agree to plead guilty to some or all the charges against them in exchange for concessions from the prosecutors.”. Because of the extensive use of plea bargaining, the Sixth Amendment right to publictrial is fading.
CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES … ii CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), Appellant Cause of Action Institute states the following: I. Parties and Amici Cause of Action Institute is the Appellant in this case and was the Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 4 that Plaintiff had a right to sue for non-responsiveness after November 22, 2012, when the 30-day period had expired. (Ex. 2) 9. By letter dated December 11, 2012, the IRS provided an interim response ABOUT - CAUSE OF ACTION INSTITUTE What We Are About: Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economicliberty as a whole.
DC CIRCUIT REJECTS DOJ ATTEMPT TO USE “NON-RESPONSIVE” AS This week, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of Cause of Action Institute in its challenge to the Department of Justice’s (“DOJ”) attempt to segment records as “non-responsive” in order to avoid disclosure under the Freedom DEFINING A “RECORD” UNDER FOIA The circuit court, however, did not define a “record” in that case. Cause of Action Institute filed a FOIA request with the Department of Justice (“DOJ”) to determine how it would respond to AILA and how it would attempt to define a “record.”. We asked for an email chain that the agency had previously produced to us with mostof the
SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, FEDERAL JUDGE REJECTS EXPORT-IMPORT BANK’S ARGUMENTS FOR Judge James Boasberg of the U.S District Court for the District of Columbia ruled this week that the Export-Import Bank (“EXIM Bank”) must produce a variety of records it initially withheld in response to two FOIA requests from Cause of Action Institute (“CoA Institute”). CoA Institute’s September 20, 2018 FOIA request sought all communications to or from EXIM leadership regarding DISTRICT COURT DENIES FBI’S OPEN AMERICA MOTION IN DAILY Washington, D.C. (June 12 2019) – Cause of Action Institute (CoA Institute), celebrated a victory for its client, the Daily Caller News Foundation (DCNF), after the U.S District Court for the District of Columbia denied the Federal Bureau of Investigation’s (FBI) GREENTECH AUTOMOTIVE ing on its land in Tunica County is a temporary construction office.”-Associated Press, August 12, 2013Less than half of all businesses started between 1977 and 2000 survived to five years. FOR THE DISTRICT OF COLUMBIA CAUSE OF ACTION, 3 8. By letter dated April 8, 2013, CoA timely appealed the IRS’s determination on its FOIA request, disputing the adequacy of the search and the propriety of the IRS’s withholdings. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT … 4 that Plaintiff had a right to sue for non-responsiveness after November 22, 2012, when the 30-day period had expired. (Ex. 2) 9. By letter dated December 11, 2012, the IRS provided an interim response IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 5 13. Defendant DOJ is an agency within the meaning of 5 U.S.C. § 552(f)(1). DOJ, by and through its various components, has possession, custody, or control of records to which CoA CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
DEFINING A “RECORD” UNDER FOIA The circuit court, however, did not define a “record” in that case. Cause of Action Institute filed a FOIA request with the Department of Justice (“DOJ”) to determine how it would respond to AILA and how it would attempt to define a “record.”. We asked for an email chain that the agency had previously produced to us with mostof the
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTION FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMS The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSIS additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure UNITED STATES COURT OF APPEALS United States Court of Appeals. FOR THE DISTRICT OF COLUMBIA CIRCUIT. Argued March 22, 2017 Decided May 19, 2017 . No. 16-5279 . LIMNIA, INC., . APPELLANT. v. UNITED STATES DEPARTMENT OF ENERGY AND RICK PERRY, IN HIS OFFICIAL CAPACITY AS SECRETARY OF U.S. DEPARTMENT OF ENERGY, . APPELLEES. Appeal from the United States District Court PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
DEFINING A “RECORD” UNDER FOIA The circuit court, however, did not define a “record” in that case. Cause of Action Institute filed a FOIA request with the Department of Justice (“DOJ”) to determine how it would respond to AILA and how it would attempt to define a “record.”. We asked for an email chain that the agency had previously produced to us with mostof the
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTION FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMS The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSIS additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure UNITED STATES COURT OF APPEALS United States Court of Appeals. FOR THE DISTRICT OF COLUMBIA CIRCUIT. Argued March 22, 2017 Decided May 19, 2017 . No. 16-5279 . LIMNIA, INC., . APPELLANT. v. UNITED STATES DEPARTMENT OF ENERGY AND RICK PERRY, IN HIS OFFICIAL CAPACITY AS SECRETARY OF U.S. DEPARTMENT OF ENERGY, . APPELLEES. Appeal from the United States District Court PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). ABOUT - CAUSE OF ACTION INSTITUTE What We Are About: Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economicliberty as a whole.
AMICUS BRIEFS
Cause of Action Institute frequently writes amicus curiae briefs to support other litigants and present important issues to the court. Please contact us at amicus@causeofaction.org if you’d like amicus support for your case.ATTORNEYS AND STAFF
Mr. Valvo is a member of the Virginia and District of Columbia Bars, and is admitted to practice in several federal courts. Close Bio. James Valvo is Executive Director of Cause of Action Institute, where he has worked since 2013. His expertise is in administrative law and government transparency. He was is a member of the 2016-2018 FOIA ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES … ii CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), Appellant Cause of Action Institute states the following: I. Parties and Amici Cause of Action Institute is the Appellant in this case and was the PlaintiffFOIA ARCHIVES
Judge James Boasberg of the U.S District Court for the District of Columbia ruled this week that the Export-Import Bank (“EXIM Bank”) must produce a variety of records it initially withheld in response to two FOIA requests from Cause of Action Institute (“CoA Institute”). CoA Institute’s September 20, 2018 FOIA request sought all communications to or from EXIM leadership regarding CONGRESSIONAL INQUIRIES INTO THE VA ARE THE FIRST STEPS We recently published a blog post urging newly confirmed Department of Veterans Affairs (“VA”) Secretary Robert Wilkie to mitigate the cultural plagues preventing the VA from operating as the functional and ethically organized agency that our veterans deserve. Reports published last month from the Washington Post and the U.S. Government PLEA BARGAINING AND ITS EFFECT ON THE SIXTH AMENDMENT Today, individuals who elect to use their Sixth Amendment right, essentially face harsher sentences than those who go the route of plea bargaining. With mandatory minimums and other sentencing enhancements, prosecutors can often dictate the sentence that will be imposed. MCDONOUGH V. SMITH: WHY SCOTUS SHOULD REVISIT THE STATUTE By the time Annie Dookhan was finally caught in 2012, she had been falsifying drug test results at a state crime laboratory in Massachusetts for several years. The rogue chemist had managed a productivity rate 500% higher than her peers by not actually running tests at all, and her misconduct GREENTECH AUTOMOTIVE ing on its land in Tunica County is a temporary construction office.”-Associated Press, August 12, 2013Less than half of all businesses started between 1977 and 2000 survived to five years. DEVICE NAME USER NAME PHONE NUMBER APP NAME APP ID FULL Device Name User Name Phone Number App Name App ID Full Version Google Maps com.google.Maps 4.27.0 MaaS360 com.fiberlink.maas360forios3.10.145
CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. DEFINING A “RECORD” UNDER FOIA The circuit court, however, did not define a “record” in that case. Cause of Action Institute filed a FOIA request with the Department of Justice (“DOJ”) to determine how it would respond to AILA and how it would attempt to define a “record.”. We asked for an email chain that the agency had previously produced to us with mostof the
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTION FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMS The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
PLEA BARGAINING AND ITS EFFECT ON THE SIXTH AMENDMENT For the purposes of this post, “plea bargaining” refers to “agreements between defendants and prosecutors where defendants agree to plead guilty to some or all the charges against them in exchange for concessions from the prosecutors.”. Because of the extensive use of plea bargaining, the Sixth Amendment right to publictrial is fading.
ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES … ii CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), Appellant Cause of Action Institute states the following: I. Parties and Amici Cause of Action Institute is the Appellant in this case and was the Plaintiff THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSIS additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might GREENTECH AUTOMOTIVE ing on its land in Tunica County is a temporary construction office.”-Associated Press, August 12, 2013Less than half of all businesses started between 1977 and 2000 survived to five years. PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. DEFINING A “RECORD” UNDER FOIA The circuit court, however, did not define a “record” in that case. Cause of Action Institute filed a FOIA request with the Department of Justice (“DOJ”) to determine how it would respond to AILA and how it would attempt to define a “record.”. We asked for an email chain that the agency had previously produced to us with mostof the
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTION FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMS The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
PLEA BARGAINING AND ITS EFFECT ON THE SIXTH AMENDMENT For the purposes of this post, “plea bargaining” refers to “agreements between defendants and prosecutors where defendants agree to plead guilty to some or all the charges against them in exchange for concessions from the prosecutors.”. Because of the extensive use of plea bargaining, the Sixth Amendment right to publictrial is fading.
ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES … ii CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), Appellant Cause of Action Institute states the following: I. Parties and Amici Cause of Action Institute is the Appellant in this case and was the Plaintiff THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSIS additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might GREENTECH AUTOMOTIVE ing on its land in Tunica County is a temporary construction office.”-Associated Press, August 12, 2013Less than half of all businesses started between 1977 and 2000 survived to five years. PLAINTIFF’S RESPONSE TO STATEMENT OF UNDISPUTED … 6 October 2012. E-DIMS was a nation-wide management information system for inventory control, casework management, and standardized reporting for the IRS’s national Disclosure PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999).FOIA ARCHIVES
Judge James Boasberg of the U.S District Court for the District of Columbia ruled this week that the Export-Import Bank (“EXIM Bank”) must produce a variety of records it initially withheld in response to two FOIA requests from Cause of Action Institute (“CoA Institute”). CoA Institute’s September 20, 2018 FOIA request sought all communications to or from EXIM leadership regarding SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 3 documents for in camera review.See ECF No. 35 (Notice). Having now reviewed such submissions, the Court is ready to rule. II. Legal Standard Summary judgment may be granted if “the movant shows that there is no genuine dispute CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
GREENTECH AUTOMOTIVE ing on its land in Tunica County is a temporary construction office.”-Associated Press, August 12, 2013Less than half of all businesses started between 1977 and 2000 survived to five years. UNITED STATES COURT OF APPEALS United States Court of Appeals. FOR THE DISTRICT OF COLUMBIA CIRCUIT. Argued March 22, 2017 Decided May 19, 2017 . No. 16-5279 . LIMNIA, INC., . APPELLANT. v. UNITED STATES DEPARTMENT OF ENERGY AND RICK PERRY, IN HIS OFFICIAL CAPACITY AS SECRETARY OF U.S. DEPARTMENT OF ENERGY, . APPELLEES. Appeal from the United States District Court SUPREME COURT OF THE UNITED STATES No. 18-481 IN THE. Supreme Court of the United States ———— F. OOD . M. ARKETING . I. NSTITUTE, Petitioner, v. A. RGUS LEADER MEDIA, D/B/A ARGUS LEADER, . Respondent.. On Writ of Certiorari to the IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 5 13. Defendant DOJ is an agency within the meaning of 5 U.S.C. § 552(f)(1). DOJ, by and through its various components, has possession, custody, or control of records to which CoA FOR THE DISTRICT OF COLUMBIA CAUSE OF ACTION, 3 8. By letter dated April 8, 2013, CoA timely appealed the IRS’s determination on its FOIA request, disputing the adequacy of the search and the propriety of the IRS’s withholdings. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 2 Comey, former FBI Chief of Staff James Rybicki, a nd former DOJ Director of Public Affairs Sarah Isgur Flores. Id. ¶ 2. The instant motion concerns only one of these three request s, the one dealing CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTECAUSE OF ACTION EXAMPLESCAUSE OF ACTION FOR ACCOUNTINGCAUSE OF ACTION LEGAL DEFINITIONCOMMON LAW CAUSES OF ACTIONELEMENTS OF CAUSE OF ACTIONLEGAL DEFINITION OF FOR CAUSE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTIONFOIA B 5FOIA EXEMPTION 5 DELIBERATIVE PROCESSFOIA EXEMPTION 5 EXAMPLESFOIA EXEMPTION CODESFOIA EXEMPTIONS FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMSCRIMES THAT HAVE MANDATORY SENTENCINGDEFINITION OF MANDATORY MINIMUM SENTENCING The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSISMF GLOBAL FRAUD CASEMF GLOBAL SCANDALMF GLOBAL CEOMF GLOBAL DEFAULTMF GLOBAL 2011MF GLOBALCOLLAPSE
additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 2 Comey, former FBI Chief of Staff James Rybicki, a nd former DOJ Director of Public Affairs Sarah Isgur Flores. Id. ¶ 2. The instant motion concerns only one of these three request s, the one dealing CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTECAUSE OF ACTION EXAMPLESCAUSE OF ACTION FOR ACCOUNTINGCAUSE OF ACTION LEGAL DEFINITIONCOMMON LAW CAUSES OF ACTIONELEMENTS OF CAUSE OF ACTIONLEGAL DEFINITION OF FOR CAUSE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTIONFOIA B 5FOIA EXEMPTION 5 DELIBERATIVE PROCESSFOIA EXEMPTION 5 EXAMPLESFOIA EXEMPTION CODESFOIA EXEMPTIONS FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMSCRIMES THAT HAVE MANDATORY SENTENCINGDEFINITION OF MANDATORY MINIMUM SENTENCING The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSISMF GLOBAL FRAUD CASEMF GLOBAL SCANDALMF GLOBAL CEOMF GLOBAL DEFAULTMF GLOBAL 2011MF GLOBALCOLLAPSE
additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 2 Comey, former FBI Chief of Staff James Rybicki, a nd former DOJ Director of Public Affairs Sarah Isgur Flores. Id. ¶ 2. The instant motion concerns only one of these three request s, the one dealing ABOUT - CAUSE OF ACTION INSTITUTE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
OUR WORK - CAUSE OF ACTION INSTITUTE CoA Institute is defending a small family-run tech support company, Vylah Tec, LLC (“V-Tec”), after the Federal Trade Commission targeted the company and conducted an hours-long raid of the company’s headquarters on suspicion of “deceptive” sales practices. The raid was initiated as part of a politically-hypedcampaign known as
MEDIA ARCHIVES
Herring Fishermen are Fighting Burdensome Regulation, COVID-19, and New, Unlawful Monitoring Requirements to Stay Afloat. Arlington, VA (June 8, 2020) – Cause of Action Institute (CoA Institute) today filed a motion for summary judgement on behalf of a group of New Jersey fishermen, asking a D.C. Federal Court to vacate job-killing fisheries regulations called the “Omnibus Amendment.” DC CIRCUIT REJECTS DOJ ATTEMPT TO USE “NON-RESPONSIVE” AS This week, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of Cause of Action Institute in its challenge to the Department of Justice’s (“DOJ”) attempt to segment records as “non-responsive” in order to avoid disclosure under the FreedomAMICUS BRIEFS
Cause of Action Institute frequently writes amicus curiae briefs to support other litigants and present important issues to the court. Please contact us at amicus@causeofaction.org if you’d like amicus support for your case. DEFINING A “RECORD” UNDER FOIA The Freedom of Information Act has provided the public with access to federal agency records since the mid-1960s. As hard as it may be to believe, the definition of a “record” is still not established. There has been a great deal of litigation over the definition of an“agency record”
SENSITIVE CASE REPORTS: A HIDDEN CAUSE OF THE IRS Download Full Report PDF Beginning in February 2010, the Internal Revenue Service (“IRS’) singled out certain non-profit organizations for extra scrutiny when they applied for tax-exempt status. Numerous subsequent congressional investigations and media reports demonstrated that the targeting involved invasive questioning and years-long delays, and focused disproportionately on right CAUSE OF ACTION SUES COMMERCE DEPT. FOR FAILING TO RELEASE Washington, D.C. (Mar. 21, 2019) – Cause of Action Institute (CoA Institute) filed a lawsuit against the Department of Commerce (Commerce) for failing to respond to two Freedom of Information Act (FOIA) requests seeking a copy of the Commerce Secretary’s final report to the President regarding the Section 232 investigation intothe
TABOR FOUNDATION V. COLORADO DEP'T OF HEALTH CARE POLICY Washington, DC – July 3, 2018 – Cause of Action Institute today announced that it is taking on the representation of the TABOR Foundation in its ongoing lawsuit TABOR Foundation, et al. v. Colorado Department of Health Care Policy & Financing, et al. The case argues that the state has violated Colorado’s Taxpayer’s Bill of Rights (“TABOR”) by using a hospital provider tax to FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., 6 and the public. “Only in the most extraordinary circumstances,” however, “does precedent countenance court reliance upon ex parte evidence to decide the merits of a dispute.” Id. On the other hand, the Government seeks to preserve the secrecy of grand-jury CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTECAUSE OF ACTION EXAMPLESCAUSE OF ACTION FOR ACCOUNTINGCAUSE OF ACTION LEGAL DEFINITIONCOMMON LAW CAUSES OF ACTIONELEMENTS OF CAUSE OF ACTIONLEGAL DEFINITION OF FOR CAUSE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTIONFOIA B 5FOIA EXEMPTION 5 DELIBERATIVE PROCESSFOIA EXEMPTION 5 EXAMPLESFOIA EXEMPTION CODESFOIA EXEMPTIONS FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMSCRIMES THAT HAVE MANDATORY SENTENCINGDEFINITION OF MANDATORY MINIMUM SENTENCING The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSISMF GLOBAL BANKRUPTCYMF GLOBAL COLLAPSEMF GLOBAL CORZINEMF GLOBAL INSURANCEMF GLOBAL PWCMFGLOBAL SCANDAL
additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 2 Comey, former FBI Chief of Staff James Rybicki, a nd former DOJ Director of Public Affairs Sarah Isgur Flores. Id. ¶ 2. The instant motion concerns only one of these three request s, the one dealing CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole. ABOUT - CAUSE OF ACTION INSTITUTECAUSE OF ACTION EXAMPLESCAUSE OF ACTION FOR ACCOUNTINGCAUSE OF ACTION LEGAL DEFINITIONCOMMON LAW CAUSES OF ACTIONELEMENTS OF CAUSE OF ACTIONLEGAL DEFINITION OF FOR CAUSE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
FOIA FOLLIES: HERE’S WHAT QUALIFIES FOR A (B)(5) REDACTIONFOIA B 5FOIA EXEMPTION 5 DELIBERATIVE PROCESSFOIA EXEMPTION 5 EXAMPLESFOIA EXEMPTION CODESFOIA EXEMPTIONS FOIA Follies: Here’s What Qualifies for a (b) (5) Redaction at the IRS. In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but THE UNINTENDED CONSEQUENCES OF MANDATORY MINIMUMSCRIMES THAT HAVE MANDATORY SENTENCINGDEFINITION OF MANDATORY MINIMUM SENTENCING The Unintended Consequences of Mandatory Minimums. This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving thelength
SUPREME COURT ADOPTS THE POSITION URGED BY CAUSE OF ACTION The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, THE COLLAPSE OF MF GLOBAL: SUMMARY & ANALYSISMF GLOBAL BANKRUPTCYMF GLOBAL COLLAPSEMF GLOBAL CORZINEMF GLOBAL INSURANCEMF GLOBAL PWCMFGLOBAL SCANDAL
additional margin15 from MFGI in the form of either cash or securities should either MF Global or the collateral lose value.16 Unfortunately, Corzine’s strategy simply overlooked the risk that the European sovereign debt used in these RTM transactions would lose value to such extent that margin calls might CENTER FOR BIOLOGICAL DIVERSITY SUIT MAKES FALSE CLAIMS In its lawsuit, the Center for Biological Diversity claims that the Refuges Rule was not eligible for the CRA’s look-back scheduling provision because it qualifies as a hunting regulation that is exempt from Section 801’s reporting requirements by Section 808. This claimfails for at
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 6 692 F.2d 138, 141 (D.C. Cir. 1982) (explaining that “nti-nepotism rules play a legitimate and laudatory role in preventing conflicts of interest and favoritism”). PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN 6 “The Federal Rules of Civil Procedure erect a powerful presumption against rejecting pleadings for failure to state a claim.” Cotrell, Ltd. v. Biotrol Int’l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … 2 Comey, former FBI Chief of Staff James Rybicki, a nd former DOJ Director of Public Affairs Sarah Isgur Flores. Id. ¶ 2. The instant motion concerns only one of these three request s, the one dealing ABOUT - CAUSE OF ACTION INSTITUTE Our mailing address is: Cause of Action Institute. 1310 North Courthouse Road, Suite 700. Arlington, VA 22201. Phone: (571)482-4182.
OUR WORK - CAUSE OF ACTION INSTITUTE CoA Institute is defending a small family-run tech support company, Vylah Tec, LLC (“V-Tec”), after the Federal Trade Commission targeted the company and conducted an hours-long raid of the company’s headquarters on suspicion of “deceptive” sales practices. The raid was initiated as part of a politically-hypedcampaign known as
MEDIA ARCHIVES
Herring Fishermen are Fighting Burdensome Regulation, COVID-19, and New, Unlawful Monitoring Requirements to Stay Afloat. Arlington, VA (June 8, 2020) – Cause of Action Institute (CoA Institute) today filed a motion for summary judgement on behalf of a group of New Jersey fishermen, asking a D.C. Federal Court to vacate job-killing fisheries regulations called the “Omnibus Amendment.” DC CIRCUIT REJECTS DOJ ATTEMPT TO USE “NON-RESPONSIVE” AS This week, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of Cause of Action Institute in its challenge to the Department of Justice’s (“DOJ”) attempt to segment records as “non-responsive” in order to avoid disclosure under the FreedomAMICUS BRIEFS
Cause of Action Institute frequently writes amicus curiae briefs to support other litigants and present important issues to the court. Please contact us at amicus@causeofaction.org if you’d like amicus support for your case. DEFINING A “RECORD” UNDER FOIA The Freedom of Information Act has provided the public with access to federal agency records since the mid-1960s. As hard as it may be to believe, the definition of a “record” is still not established. There has been a great deal of litigation over the definition of an“agency record”
SENSITIVE CASE REPORTS: A HIDDEN CAUSE OF THE IRS Download Full Report PDF Beginning in February 2010, the Internal Revenue Service (“IRS’) singled out certain non-profit organizations for extra scrutiny when they applied for tax-exempt status. Numerous subsequent congressional investigations and media reports demonstrated that the targeting involved invasive questioning and years-long delays, and focused disproportionately on right CAUSE OF ACTION SUES COMMERCE DEPT. FOR FAILING TO RELEASE Washington, D.C. (Mar. 21, 2019) – Cause of Action Institute (CoA Institute) filed a lawsuit against the Department of Commerce (Commerce) for failing to respond to two Freedom of Information Act (FOIA) requests seeking a copy of the Commerce Secretary’s final report to the President regarding the Section 232 investigation intothe
TABOR FOUNDATION V. COLORADO DEP'T OF HEALTH CARE POLICY Washington, DC – July 3, 2018 – Cause of Action Institute today announced that it is taking on the representation of the TABOR Foundation in its ongoing lawsuit TABOR Foundation, et al. v. Colorado Department of Health Care Policy & Financing, et al. The case argues that the state has violated Colorado’s Taxpayer’s Bill of Rights (“TABOR”) by using a hospital provider tax to FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., 6 and the public. “Only in the most extraordinary circumstances,” however, “does precedent countenance court reliance upon ex parte evidence to decide the merits of a dispute.” Id. On the other hand, the Government seeks to preserve the secrecy of grand-juryclose X
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ABOUT CAUSE OF ACTION INSTITUTE Cause of Action Institute creates positive social change with pivotal administrative and judicial victories. These achievements create new standards that change the playing field not only for its clients, but for free society, opportunity, and economic liberty as a whole.Learn More
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