Poulsen v. DOD (9th Cir.) -- in a 2-1 decision, reversing district court’s decision that plaintiff was ineligible for attorney’s fees and remanding case for a determination concerning plaintiff’s entitlement to such fees. Here, the majority concluded that plaintiff substantially prevailed under 5 U.S.C. 552(a)(4)(E)(ii)(I), because the district court issued a scheduling order when the government agreed to process documents following an intervening declassification order from President Trump. The dissent argued that plaintiff was ineligible for fees because he failed to show that his lawsuit “was a substantial cause (or indeed any cause at all) of the relief he obtained.”

Summaries of all published opinions issued since April 2015 are available here.