Taylor v. Sturgell
Issues
May a court bar a party's claim on the theory that the party received "virtual representation" in a prior suit by a different party, despite the fact that the present party shared no legal relationship with the prior party and received no notice of the prior suit?
Brent Taylor, executive director of the Antique Aircraft Association ("AAA") filed a Freedom of Information Act ("FOIA") request with the Federal Aviation Administration ("FAA") to obtain plans and specifications for a vintage aircraft. After the FAA denied Taylor's request on trade-secret grounds, he sued to compel disclosure of the information. The D.C. Circuit affirmed the district court's finding that Taylor's claim was barred because he had been "virtually represented" in a prior action by Greg Herrick, a fellow AAA member whose prior FOIA request for the same records the Tenth Circuit found to have been properly denied due to trade-secret protections. Taylor asserts that preclusion of his claim on the "virtual representation" theory violated his due process rights because he had no legal relationship with Herrick and received no notice of the prior suit. The FAA counters that preclusion was appropriate because Herrick had adequately represented Taylor's interests in the earlier action. The decision in this case will clarify the circumstances under which courts may bar claims under the "virtual representation" theory and may influence plaintiffs' litigation strategies, broaden defendants' exposure to duplicative suits, and limit the availability of FOIA requests of certain members of the public.
Questions as Framed for the Court by the Parties
Can a party be precluded from bringing a claim, under a theory of "virtual representation," and thereby denied the due process right to a day in court, when the party had no legal relationship with any party to the previous litigation and did not receive notice of that litigation?
Under the Freedom of Information Act ("FOIA"), any person has the right to obtain records from a federal agency. See Brief for Petitioner at 1; 5 U.S.C.
Additional Resources
- LII Law About . . . Due Process
- LII Law About . . . Civil Procedure