Montana Federal Judge Applies FOIA Legal Fee Recovery Retroactively

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A federal judge in Montana ruled that anyone who prevails in a Freedom of Information Act suit can recover attorney fees under the statutory changes approved in a FOIA reform bill that Congress approved and the president signed last December. The government had argued that the recovery provisions did not encompass any suit filed before the new law was signed. Judge Donald Malloy said that would create a “manifest injustice.” (5/16/08)