Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Federal Reserve Board’s regulations retaining legal ownership of certain documents were not determinative and compelling bank to disclose such documents in its actual possession
• holding that “parties in possession of documents forwarded to them by a federal agency have ‘possession, custody, or control’ within the meaning of Rule 34, notwithstanding the fact that the agency by regulation retains ownership and restricts disclosure”
• holding Federal Reserve Board regulation bar- ring release of confidential information not authorized by § 301
• noting that “legal ownership of the document is not determinative” for evaluating whether a party has “possession, custody or control” for purposes of Federal Rule of Civil Procedure 34(a)
• “Congress did not empower [the agency] to prescribe regulations that direct a party to deliberately disobey a court order, subpoena, or other judicial mechanism requiring the production of information.”
• “federal courts have consistently held that documents 5 are deemed to be within the ‘possession, custody or control’ for purposes of Rule 34 if the party has 6 actual possession, custody or control”

Source: CourtListener parenthetical corpus (CC0).