Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation. A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.
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1 my role here is indeed to identify the respective
2 interests of the parties, and to weigh them. Once
3 weighed, effectively, as one of these cases says that we
4 quoted and cited in the preliminary order -- and I can't
5 tell you which case it is now -- as one of them said,
6 you know, basically I lose jurisdiction. I can't cobble
7 together some analysis that says, "Well, you know, even
8 though I don't think you have the interests" --
9 Here it is. It isn't just one of these courts,
10 it happens to be the Supreme Court. Department of
11 Justice v. Tax Analysts, 492 U.S. at 142:
12 "The FOIA confers jurisdiction" -- note
13 that word "jurisdiction" -- "on the
14 district courts 'to enjoin the agency from
15 withholding agency records and to order
16 the production of any agency records
17 improperly withheld.' Under this
18 provision, 'federal jurisdiction'" --
19 underscore that again -- "'is dependent on
20 a showing that an agency has,'" et cetera.
21 It goes on to say: "Unless each of these
22 criteria is met, a district court lacks
23 jurisdiction to devise" -- which is what I
24 was talking about -- "remedies to force an
25 agency to comply with FOIA's disclosure