FOIA Claims Dismissed Based on Res Judicata, New Trial Granted and Qui Tam Claims
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.
November 07, 2024 at 09:00 AM
8 minute read
Litigation
This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York. Judge Natasha C. Merle dismissed claims based on res judicata. Judge Frederic Block granted a motion for a new trial due to an excessive damage award. And Judge Brian M. Cogan dismissed qui tam claims under the False Claims Act for lack of subject matter jurisdiction.
|Dismissal of FOIA Claims Based on Res Judicata
In Mermelstein v. U.S. Department of Justice Federal Bureau of Investigation, 23 CV 6779 (EDNY, Aug. 21, 2024), Merle granted defendant's motion to dismiss plaintiff's Freedom of Information Act (FOIA) claims based on res judicata.
In July 2023, the plaintiff submitted a FOIA request to the FBI for "all records" relating to the plaintiff (the 2023 request). After the plaintiff did not receive a response from the FBI, he filed the instant action. The plaintiff had previously filed a separate FOIA action against the FBI in 2019 (Mermelstein I).
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