National Security Counselors v. CIA

The district court held that NSC, a small nonprofit corporation registered in Virginia, is ineligible for attorney's fees under the Freedom of Information Act (FOIA), 5 U.S.C. 5524(a)(4)(E)(i). In keeping with Kay v. Ehrler, Baker & Hostetler LLP v. U.S. Dep’t of Commerce, and the decisions of its sister circuits, the court held that a corporation with a legal identity distinct from the attorney who represents it in litigation is eligible to recover attorney’s fees under FOIA. Because NSC is such a corporation, it is not barred by the pro se litigant exception. Accordingly, the court reversed and remanded for further proceedings. View "National Security Counselors v. CIA" on Justia Law