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Ginsburg Reverses FOIA Denial
Court News |
2008/06/16 07:45
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An airplane enthusiast has the right to seek documents from the Federal Aviation Administration, though the lower court had denied his friend the same documents.
Greg Herrick was denied access to the documents, due to an exemption covering trade secrets. When his friend filed a similar lawsuit, the lower court said the lawsuit was precluded by the first ruling. The D.C. Circuit upheld, but Justice Ginsburg reversed, shooting down the Circuit's 5-point test for "virtual representation."
"Extending the preclusive effect of a judgment to a non-party runs up against the deep-rooted historic tradition that everyone should have his own day in court," Ginsburg wrote.
For a lawsuit to be precluded, the two parties must have "pre-existing substantive legal relationship" or one party must have assumed control over the previous litigation, according to the unanimous opinion. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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