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Second Circuit – Freedom of Information Act: American Oversight v. U.S. Department of Justice
By: Daily Record Staff//October 7, 2022
Second Circuit – Freedom of Information Act: American Oversight v. U.S. Department of Justice
By: Daily Record Staff//October 7, 2022
United States Court of Appeals for the Second Circuit
Freedom of Information Act
Attorney-work-product – Waiver
American Oversight v. U.S. Department of Justice
21-1266
Judges Raggi, Wesley, and Carney
Background: The plaintiff commenced an action pursuant to the Freedom of Information Act seeking to compel the defendants to produce notes and memoranda memorializing interviews conducted by federal prosecutors and law enforcement agents in the course of a criminal investigation. The plaintiff appealed from summary judgment in favor of the defendants.
Ruling: The Appellate Division affirmed. The court held that the defendants did not waive attorney-work-product protection for the requested documents by having already disclosed any protected information contained therein to potential litigation adversaries during their interviews.
Katherine M. Anthony, of American Oversight, for the plaintiff-appellant; Sarah S. Normand, assistant United States attorney, for the defendants-appellees.
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