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U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit dismisses as untimely the appeal of adverse FOIA disclosure decision by a business-intervenor

May 12, 2022

Click here to view the opinion. The business sought to intervene in the case to protect against disclosure of its employment data by the Department of Labor. Although the Department of Labor argued against disclosure in district court, it did not appeal the disclosure order. The U.S. Chamber filed an amicus brief supporting the right of a business to intervene when the government fails to appeal an adverse FOIA ruling. The Chamber’s brief did not address the timeliness question.

U.S. Chamber files amicus brief in Ninth Circuit supporting the right of a business to intervene when the government fails to appeal an adverse FOIA ruling

April 05, 2021

Click here to view the brief. John P. Elwood and Janine M. Lopez of Arnold & Porter Kaye Scholer LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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