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Civil Procedure Keyed to Glannon
Taylor v. Sturgell
Citation:553 U.S. 880 (2008)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Taylor brought an action against the FAA under the Freedom of Information Act (FOIA), seeking certain documents or records from the FAA. Taylor was represented by the same lawyer who had represented his close associate, Herrick, in a prior litigation against the FAA. Herrick’s lawsuit sought the same documents or records that Taylor was seeking from the FAA. Taylor apparently received documents that were obtained during discovery in Herrick’s lawsuit against the FAA from Herrick. Judgment was entered against Herrick in his action against the FAA. The District of Columbia Circuit court held that Taylor’s suit was precluded because Herrick, in his prior litigation, had served as Taylor’s “virtual representative.”
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