No. 18-481
Food Marketing Institute v. Argus Leader Media, dba Argus Leader
Amici (20)
Experienced Counsel
Tags: circuit-split commercial-information commercial-or-financial-information competitive-harm confidential-information financial-information foia-exemption foia-exemption-4 freedom-of-information-act-foia statutory-interpretation
Latest Conference:
N/A
Question Presented (from Petition)
1.Does the statutory term "confidential" in FOIA Exemption 4 bear its ordinary meaning, thus requiring the Government to withhold all "commercial or financial information" that is confidentially held and not publicly disseminated—regardless of whether a party establishes substantial competitive harm from disclosure—which would resolve at least five circuit splits?
2.Alternatively, if the Court retains the substantial-competitive-harm test, is that test satisfied when the requested information could be potentially useful to a competitor (as the First and Tenth Circuits have held), or must the party opposing disclosure establish with near certainty a defined competitive harm like lost market share (as the Ninth and D.C. Circuits have held, and as the Eighth Circuit required here)?
Question Presented (AI Summary)
Does the statutory term 'confidential' in FOIA Exemption 4 bear its ordinary meaning, regardless of substantial competitive harm?
Docket Entries
2019-07-26
JUDGMENT ISSUED.
2019-06-24
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined.
2019-04-22
Argued. For petitioner: Evan A. Young, Austin, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Robert M. Loeb, Washington, D. C.
2019-04-05
Reply of petitioner Food Marketing Institute filed. (Distributed)
2019-04-01
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-03-27
Record received from the U.S.D.C. Dist. of South Dakota Southern Division. (1 Box).
2019-03-25
Brief amici curiae of Detention Watch Network, Human Rights Defense Center and Prison Policy Initiative filed. (Distributed)
2019-03-25
Brief amicus curiae of New Hampshire Right to Life filed. (Distributed)
2019-03-25
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-03-25
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
2019-03-25
Brief amici curiae of Public Citizen, Center for Science in the Public Interest, Collaboration for Research Integrity filed. (Distributed)
2019-03-25
Brief amici curiae of Freedom of Information Act and First Amendment Scholars filed. (Distributed)
2019-03-25
Brief amici curiae of Reporters Committee for Freedom of the Press & 36 Media Organizations filed. (Distributed)
2019-03-25
Corrected Affidavit of Service filed with respect to amicus curiae brief of BioScience Advisors, Inc. (March29, 2019).
2019-03-25
Brief amicus curiae of BioScience Advisors, Inc. filed. (Distributed)
2019-03-25
Brief amici curiae of AI Now Institute at New York University, et al. filed. (Distributed)
2019-03-25
Brief amicus curiae of American Small Business League filed. (To be Reprinted) (Distributed)
2019-03-25
Brief amicus curiae of American Small Business League filed. (April 16, 2019) (Distributed)
2019-03-22
Brief amici curiae of Cause of Action Institute, et al. filed. (Distributed)
2019-03-21
Record requested from the U.S.C.A. 8th Circuit.
2019-03-20
CIRCULATED
2019-03-18
Brief of respondent Argus Leader Media, d/b/a Argus Leader filed. (Distributed)
2019-02-22
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2019-02-22
Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed.
2019-02-22
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2019-02-22
Brief amicus curiae of United States filed.
2019-02-21
Brief amici curiae of National Association of Convenience Stores, et al. filed.
2019-02-15
Joint appendix filed (2 vols).
2019-02-15
Brief of petitioner Food Marketing Institute filed.
2019-02-11
SET FOR ARGUMENT on Monday, April 22, 2019
2019-01-31
Blanket Consent filed by Petitioner, Food Marketing Institute.
2019-01-30
Blanket Consent filed by Respondent, Argus Leader Media, d/b/a Argus Leader.
2019-01-11
Petition GRANTED.
2018-12-26
DISTRIBUTED for Conference of 1/11/2019.
2018-12-24
Reply of petitioner Food Marketing Institute filed.
2018-12-14
Brief of respondent Argus Leader Media, d/b/a Argus Leader in opposition filed.
2018-11-14
Brief amici curiae of National Association of Convenience Stores, et al. filed.
2018-11-14
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2018-11-14
Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed.
2018-11-14
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2018-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.
2018-10-25
Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
2018-10-11
Petition for a writ of certiorari filed. (Response due November 14, 2018)
2018-08-29
Application (18A146) granted by the Court. The application to recall and stay the mandate, presented to Justice Gorsuch and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Eighth Circuit in case No. 17-1346 is recalled and stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Ginsburg, Justice Sotomayor, and Justice Kagan would deny the application.
2018-08-29
Application (18A146) referred to the Court.
2018-08-21
Reply of applicant Food Marketing Institute filed.
2018-08-16
Response to application from respondent Argus Leader Media, D/B/A Argus Leader filed.
2018-08-09
UPON CONSIDERATION of the application of counsel for the applicant,
IT IS ORDERED that the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 17-1346, is hereby recalled and stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Thursday, August 16, 2018, by 4 p.m. The reply, if any, is to be filed by 4 p.m., Tuesday, August 21, 2018.
2018-08-07
Application (18A146) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Gorsuch.
Attorneys
AI Now Institute at New York University, et al.
Alliance of Marine Mammal Parks & Aquariums, et al.
Ira T. Kasdan — Kelley Drye& Warren LLP, Amicus
American Small Business League
Argus Leader Media, d/b/a Argus Leader
Robert Mark Loeb — Orrick, Herrington & Sutcliffe LLP, Respondent
Jon Elmer Arneson — Jon E. Arneson, Respondent
BioScience Advisors, Inc.
Robert Stokes Clark — Parr Brown Gee & Loveless, Amicus
Cause of Action Institute, et al.
Ryan Patrick Mulvey — Cause of Action Institute, Amicus
Chamber of Commerce of the United States of America, et al.
John Patrick Elwood — Vinson & Elkins, LLP, Amicus
Detention Watch Network, Human Rights Defense and Prison Policy Initiative
Electronic Privacy Information Center
Food Marketing Institute
Gavin Robert Villareal — Baker Botts L.L.P., Petitioner
Evan Andrew Young — Baker Botts, L.L.P., Petitioner
Freedom of Information Act and First Amendment Scholars
Michael C. Dorf — Cornell University Law School, Amicus
National Association of Convenience Stores, et al.
Shannen Wayne Coffin — Steptoe & Johnson LLP, Amicus
New Hampshire Right to Life
Public Citizen, et al.
Reporters Committee for Freedom of the Press & 36 Media Organizations
Retail Litigation Center, Inc.
Adam G. Unikowsky — Jenner & Block LLP, Amicus
United States
Noel J. Francisco — Solicitor General, Amicus