DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171346P.pdf 05/08/2018 Argus Leader Media v. Food Marketing Institute
U.S. Court of Appeals Case No: 17-1346
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Kelly, Author, with Gruender and Beam, Circuit Judges]
Civil case - FOIA. For the court's prior opinion in the matter, see Argus
Leader Media v. U.S. Dep't of Agric., 740 F.3d 1172 (8th Cir. 2014), which
held that Exemption 3 did not apply to the contested data concerning SNAP
redemption information; on remand, the issue was whether Exemption 4
covering trade secrets and commercial or financial information obtained
from a person and privileged and confidential applied to prevent release
of the data; the court's finding that Exemption 4 did not apply because
the USDA's claim that release of the information would cause competitive
injury among the covered grocery retailers was speculative is affirmed;
the record established the retailers already had access to large
quantities of data about their competitors and existing models which
explained consumer behavior.