AJF street

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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Reporter's Official Transcript of Summary Adjudication/Summary Judgment Motions

begin p. 8

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

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