District court’s denial of plaintiffs’ request for attorney’s fees and of their motions to propound requests for admissions and conduct further discovery is affirmed where: 1) applying the OPEN Government Act to award attorneys’ fees and costs in this case would result in an impermissible retroactive application of the statute, as they were not available under the circuit’s law at the time the NLRB settled the Freedom of Information Act suit; 2) reversing the district court’s denial of plaintiff’s request for admissions and further discovery could provide no additional relief.
Read Zarcon, Inc. v. NLRB, No. 08-2330
Appellate Information
Submitted: February 13, 2009
Filed: August 27, 2009
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