“Openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth.”—President Barack Obama’s Executive Order - Making Open and Machine Readable the New Default for Government Information (May 9, 2013)
MFIA represents clients attempting to make government more transparent through increased access to government data. Our current cases include:
Working with the Yale’s Collaboration for Research Integrity and Transparency (CRIT), the Clinic represents NYU Journalism Professor Charles Seife in a FOIA lawsuit against the FDA. Professor Seife seeks correspondence and other records related to FDA’s controversial approval of Exondys 51 for the treatment of Duchenne Muscular Dystrophy. MFIA filed suit in May 2017. The Clinic is litigating over whether the use of routine and commonly known test procedures can be withheld as “confidential commercial information” under FOIA Exemption 4, which was recently reinterpreted by the Supreme Court in FMI v. Argus Leader.
MFIA represents leading medical researchers Charles Seife and Dr. Peter Lurie in lawsuit demanding access to information on clinical trials of prescription drugs and medical devices. The suit is an Administrative Procedure Act action that seeks a court order compelling the National Institutes of Health (NIH), Food and Drug Administration (FDA), and Department of Health and Human Services (HHS) to interpret the Food and Drug Administration Amendments Act (FDAAA) faithfully and to comply with their legal obligations to notify the public of failure to report clinical trial results on the ClinicalTrials.gov website.