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October 18, 2007


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A close read of the AP story noted in your entry indicates that the case was settled via a consent decree. Accordingly, the plaintiffs in the case may still seek their costs and attorney fees as within one of the expressly noted basis for "prevailing party status" noted in the Supreme Court's Buchannon case. That being said, the FOIA amendments currently pending in Congress are extremely important in that they will eliminate the need to go as far as seeking a consent decree to establish fee eligibility.

Thomas Jackson

It's nice to see someone settle something every now and then. TJC thinks that government is probably spending more time and money avoiding FOIA's than answering them.

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