The Peoples’ Records

As long as your case was not decided before the new statute took effect you can get attorney fees according to a federal district court judge in Montana. Judge Donald Malloy rejected the government’s claim that applying the reforms retroactively would result in “manifest injustice” and that there was a common law “presumption against retroactivity” in FOIA attorney fees cases. The court awarded plaintiff $68,512.50 in attorney fees and $4,189.49 in costs following the release of requested documents.

Malloy cited Bradley v. Richmond School Board, a 1974 U.S. Supreme Court case that said “a court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice or there is a statutory or legislative history to the contrary.”