For Your Data Taylor V. Sturgell Illustration Brief Summary

Taylor v. Sturgell example brief

2008 SCOTUS

Posture: District courtroom for the defendant, the courtroom of appeals affirmed together with SCOTUS reversed. 

Facts: Plaintiff filed a trial nether Freedom of Information Act inward the district courtroom for District of Columbia for documents related to vintage bird made past times Fairchild. Herrick, a friend of the plaintiff, already filed an unsuccessful adapt for same documents. Plaintiff together with Herrick bring no legal human relationship nor is at that spot whatever prove that plaintiff knew of or participated in, Herrick’s claim. Defendants got summary judgment because the plaintiff already had his involvement represented past times Herrick. District courtroom used the below vii factors from the 8^th circuit which is counter to the 4^th circuit’s means of tests. 

1. unopen human relationship betwixt the acquaint political party together with political party to judgment 2. Participation inward prior litigation past times acquaint political party 3. Present party’s acquiescence to the preclusive consequence of judgment 4. Present party’s deliberate maneuvering to avoid the preclusive consequence 5. Adequate representation inward prior adapt 6. Influenza A virus subtype H5N1 adapt raising world police pull number together with 7. Identify of interests betwixt acquaint political party together with a political party to the judgment (only required factor) 

Court of appeals affirmed nether its ain five-factor tests for virtual representation. Identity of interests together with adequate representation plus at to the lowest degree i of 1. Influenza A virus subtype H5N1 unopen human relationship betwixt acquaint political party together with his rep, 2. Substantial participation past times acquaint political party inward kickoff adapt or 3. Tactical maneuvering on the business office of the acquaint political party to avoid the preclusive effect.  

Reasoning: The dominion against non-party preclusion (which states that it ordinarily does non apply) has half dozen exceptions which are grouped into 6 categories [1. Agreement past times a nonparty to live on leap 2. Certain noun relationships 3. Influenza A virus subtype H5N1 nonparty tin laissez passer the sack live on leap if its interests are represented adequately such every moment a course of education activeness 4. Influenza A virus subtype H5N1 nonparty who assumed or together with then kind of command inward trial 5. Colluding together with 6. Special statutory exceptions]

Beyond this, a virtual representation exception to the dominion was likewise developed. **Court said that their precedent established that representation is “adequate” exclusively if 1. Special procedures past times the courtroom are used to protect nonparties involvement or 2. An agreement that adapt was brought inward a representative capacity (class action)

The exclusively interrogation inward this adapt is if Taylor is acting every moment Herrick’s agent, together with if he is, Taylor loses. However, if he is not, Taylor tin laissez passer the sack choke on amongst his FOIA suit. **A mere whiff of tactical maneuvering volition non suffice but exclusively if at that spot is control.

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