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Food Marketing Institute v. Argus Leader Media

Docket No. Op. Below Argument Opinion Vote Author Term
18-481 8th Cir. TBD TBD TBD TBD OT 2018

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Issues: (1) Whether the statutory term “confidential” in the Freedom of Information Act’s Exemption 4 bears 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; and (2) whether, in the alternative, if the Supreme Court retains the substantial-competitive-harm test, that test is satisfied when the requested information could be potentially useful to a competitor, as the U.S. Courts of Appeals for the 1st and 10th Circuits have held, or whether the party opposing disclosure must establish with near certainty a defined competitive harm like lost market share, as the U.S. Courts of Appeals for the 9th and District of Columbia Circuits have held, and as the U.S. Court of Appeals for the 8th Circuit required here.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 07 2018Application (18A146) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Gorsuch.
Aug 09 2018UPON 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.
Aug 16 2018Response to application from respondent Argus Leader Media, D/B/A Argus Leader filed.
Aug 21 2018Reply of applicant Food Marketing Institute filed.
Aug 29 2018Application (18A146) referred to the Court.
Aug 29 2018Application (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.
Oct 11 2018Petition for a writ of certiorari filed. (Response due November 14, 2018)
Oct 25 2018Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
Oct 29 2018Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.
Nov 14 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 14 2018Brief amicus curiae of Retail Litigation Center, Inc. filed.
Nov 14 2018Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed.
Nov 14 2018Brief amici curiae of National Association of Convenience Stores, et al. filed.
Nov 20 2018Consent to change of Respondent's counsel of record of Argus Leader Media, d/b/a Argus Leader not accepted for filing. (November 27, 2018 -- Document not of the type that is to be filed electronically)
Dec 14 2018Brief of respondent Argus Leader Media, d/b/a Argus Leader in opposition filed.
Dec 24 2018Reply of petitioner Food Marketing Institute filed.
Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
Jan 11 2019Petition GRANTED.
 
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