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Law Practice,
Civil Litigation

Apr. 19, 2021

Attorney fees OK even if obtained documents aren’t direct result of litigation

A split 9th U.S. Circuit Court of Appeals panel found that attorneys representing journalist Kevin Poulsen can obtain fees because they obtained the documents they were seeking through a court order, even though it was not a direct result of the litigation but the result of a presidential memo.

A plaintiff whose Freedom of Information Act request was initially turned down and subsequently granted, after the declassification of a presidential memo revealed responsive records were available, is eligible for attorney fees, a federal appeals court ruled Friday.

Sending the case back to district court, the split 9th U.S. Circuit Court of Appeals panel found that attorneys representing journalist Kevin Poulsen can obtain fees bec...

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