United States DC Circuit

Attorney fee and cost award of high six-figure amount to plaintiff related to FOIA request to defendant on selection of participants for foreign trade missions, is reversed to the extent the district court abused it discretion in awarding fees generated by protracted discovery disputes between plaintiff and third parties who were not within the realm of defendant's authority or control and with respect to issues not raised or pursued by defendant.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellant.   With her on the briefs were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.


• For Appellees:
  
• Paul J. Orfanedes argued the cause for appellee.   With him on the brief was James F. Peterson.  Michael J. Hurley entered an appearance.