07/28/2021 | News release | Distributed by Public on 07/28/2021 14:29
New York Metro Partners Thomas Tobin and Daniel Braude co-authored '5th Circuit Ruling Allows NTSB to Shield Some Party Communications,' published in a July 23, 2021 edition of Westlaw Today. This article addresses the recent decision by the U.S. Court of Appeals for the Fifth Circuit in Jobe v. NTSB which held that communications between the National Transportation Safety Board (NTSB) and parties to NTSB investigations are 'intra-agency' and may therefore meet the requirements of Exemption 5 of the Freedom of Information Act (FOIA). However, as Tom and Dan explain, this is a meaningless decision for parties to NTSB investigations for two reasons: