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Taylor v. Sturgell | 553 U.S. 880 (2008)
Suppose you file a lawsuit against a government agency and lose. Can one of your friends go and file a similar lawsuit? In 2008, the United States Supreme Court addressed this question in Taylor versus Sturgell.
A man named Herrick owned an old airplane, and he wanted to restore it. He filed a request under the Freedom of Information Act, asking a federal agency to give him all of its files about this model of airplane. The agency possessed hundreds of pages of relevant information, but it refused to release the documents because the plane’s manufacturer objected, claiming that the documents contained trade secrets. Herrick challenged the agency’s decision in federal court, and he lost.
Yet one month later, a new request for the exact same documents was filed with the same agency. But Herrick’s name wasn’t on the request. Instead, his friend Taylor had made the request. The two men belonged to a group for antique-airplane enthusiasts, and Herrick had previously asked Taylor to help repair the plane. Noticing the similarity, the agency ignored Taylor’s request, prompting Taylor to file a lawsuit in a different district court. The lawyer who had represented Herrick also represented Taylor. And the case relied on the same legal theory as the prior lawsuit.
The district court dismissed Taylor’s case, concluding that the doctrine of virtual representation applied. This doctrine, a form of res judicata, meant that Taylor’s interests had de facto been represented in Herrick’s earlier lawsuit, preventing Taylor from re-litigating the same claim. The court of appeals for the D.C. Circuit affirmed. The United States Supreme Court granted cert.
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