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FRATERNAL ORDER OF POLICE v. D.C.

No. 11-CV-545.

52 A.3d 822 (2012)

The FRATERNAL ORDER OF POLICE, METROPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided August 23, 2012.

Attorney(s) appearing for the Case

Paul A. Fenn , with whom Barbara E. Duvall , Baltimore, was on the brief, for appellant.

Mary L. Wilson , Senior Assistant Attorney General, with whom Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, and FISHER and EASTERLY, Associate Judges.

EASTERLY, Associate Judge:

This case requires us to determine whether a party who prevails in a Freedom of Information Act1 (FOIA) lawsuit is automatically entitled to attorney's fees under that statute, and, if not, what criteria a trial court should consider when determining whether to award fees. Although the District of Columbia's FOIA statute became law almost forty years ago, we have never addressed this issue. By contrast, the jurisprudence...

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