American Management Services, Inc., d/b/a Pinnacle v. Dep't of the Army

July 2, 2013

American Management Services, Inc. petitioned the Supreme Court asking that it review a ruling from the U.S. Court of Appeals for the Fourth Circuit in which the appellate court affirmed the denial of the petitioner's FOIA request under Exemption 5. The case involves whether an agency can withhold documents under Exemption 5 sent between it and a private third party when it claims it has a common interest with the private party. The Fourth Circuit's rule would allow agencies to broadly shield from disclosure communications it has with private third parties whenever they claimed a common interest.