Animal Legal Defense Fund v. FDA

In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo.  This en banc decision overrules prior panel decisions which followed a since-overruled DC Circuit decision in holding that summary judgments in FOIA cases were to be reviewed under a clearly erroneous standard.  Instead, this decision holds that summary judgment orders in FOIA cases, just like summary judgment orders in other sorts of cases, must be reviewed de novo.

Ninth Circuit Court of Appeals (en banc; per curiam); September 2, 2016; 2016 WL 4578362


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