Court of Appeals Decisions

Yonemoto v. VA, No. 10-15180, 2012 U.S. App. LEXIS 1108 (9th Cir. Jan. 18, 2012) (Berzon, J.) (amended op.).  Holding:  Reversing the district court's decision that the VA's offer to provide certain emails to plaintiff in an unredacted form with restrictions on distribution mooted his FOIA claims, and remanding for court to consider the VA's claims of exemption on those records; vacating district court's decision as to certain withholdings under Exemption 6, and remanding for further consideration of those withholdings.  Contrary to the VA's arguments, the Ninth Circuit finds that allowing plaintiff to view the unredacted versions of the emails at issue does not shift the burden to plaintiff "to disprove the propriety of particular redactions." 

Yonemoto v. VA, No. 10-15180, 2011 WL 3606596 (9th Cir. Aug. 17, 2011) (Berzon, J.).  Holding:  Reversing the district court's decision that the VA's offer to provide certain emails to plaintiff in an unredacted form with restrictions on distribution mooted his FOIA claims, and remanding for court to consider the VA's claims of exemption on those records; vacating district court's decision as to certain withholdings under Exemption 6, and remanding for further consideration of those withholdings.  Contrary to the VA's arguments, the Ninth Circuit finds that allowing plaintiff to view the unredacted versions of the emails at issue does not shift the burden to plaintiff "to disprove the propriety of particular redactions."