The Peoples’ Records

DIFFERENT PLAINTIFF, SAME RECORDS
I think the Plaintiff should not be barred from his appeal for the same records. He has an independent right to request records produced to another, he should be allowed to fight for the records. His knowledge of the prior lawsuit will help him to formulate a different structure for his legal argument.

LAW OF JUDGMENTS, RES JUDICATA, PRIVITY, CLAIM PRECLUSION,
VIRTUAL REPRESENTATION, FREEDOM OF INFORMATION ACT, FEDERAL
AVIATION ADMINISTRATION

Taylor v. Sturgell (07-371)
Oral argument: April 16, 2008
Appealed from: U.S. Court of Appeals for the District of
Columbia Circuit (June 22, 2007)

Brent Taylor, executive director of the Antique Aircraft
Association (”AAA”) filed a Freedom of Information Act (”FOIA”)
request with the Federal Aviation Administration (”FAA”) to
obtain plans and specifications for a vintage aircraft. After the
FAA denied Taylor’s request on trade-secret grounds, he sued to
compel disclosure of the information. The D.C. Circuit affirmed
the district court’s finding that Taylor’s claim was barred
because he had been “virtually represented” in a prior action by
Greg Herrick, a fellow AAA member whose prior FOIA request for
the same records the Tenth Circuit found to have been properly
denied due to trade-secret protections. Taylor asserts that
preclusion of his claim on the “virtual representation” theory
violated his due process rights because he had no legal
relationship with Herrick and received no notice of the prior
suit. The FAA counters that preclusion was appropriate because
Herrick had adequately represented Taylor’s interests in the
earlier action. The decision in this case will clarify the
circumstances under which courts may bar claims under the
“virtual representation” theory and may influence plaintiffs’
litigation strategies, broaden defendants’ exposure to
duplicative suits, and limit the availability of FOIA requests of
certain members of the public.

Continues: http://www.law.cornell.edu/supct/cert/07-371.html