The Clinic is currently representing Charles Seife in an appeal that is pending before the Second Circuit Court of Appeals. The heart of the case focuses on access to a series of U.S. Food and Drug clinical trial reports regarding a controversial drug used to treat Muscular Dystrophy. Defandants in the matter have asserted that the requested documents fall within FOIA Exemption 4 (which allows the FDA to withhold certain commercial or financial information) and therefore need not be disclosed under FOIA. The appeal is fully briefed, and oral argument is set for March 7, 2022. Students may be involved in preparing for oral argument.

Related Documents:

• Seife Combined Cross Motion in Opposition to the Defendants’ Motions for Summary Judgment and Cross Motion for Summary Judgment (PDF)
• Seife Reply Brief In Further Support of (1) Seife’s Motion for Summary Judgment and (2) Seife’s Motion to Strike (PDF)
• Declaration of Charles Seife (PDF)
• Reply Declaration of Charles Seife (PDF)
• Declaration of Dr. Peter Lurie (PDF)
• Reply Declaration of Dr. Peter Lurie (PDF)
• Declaration of Dr. Diana Zuckerman (PDF)
• Declaration of Cortelyou C. Kenney (PDF)

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