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· 9/17/1993

David Miscavige v. Internal Revenue Service

Citations

  • 2 F.3d 366
  • 72 A.F.T.R.2d (RIA) 6298
  • 1993 U.S. App. LEXIS 23848
  • 1993 WL 330606

How courts have described this case

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

  • holding “in certain cases, affidavits can be sufficient for summary judgment purposes . . . if they provide as accurate a basis for decision” as other methods
  • noting that attempts to obtain Vaughn indices are inappropriate until after the government provides the court with the necessary information to determine if exemptions apply through a dispositive motion
  • explaining “that in certain cases, affidavits can be sufficient for summary judgment purposes in a FOIA case if they provide as accurate a basis for decision as would sanitized indexing, random or representative sampling, in camera review, or oral testimony”
  • “Generally, FOIA cases should be handled on motions for summary judgment . . . .”
  • “the preparation of a Vaughn index is unwarranted before the filing of dispositive motions”
  • “The plaintiffs early attempt in litigation of this kind to obtain a Vaughn Index ... is inappropriate until the government has first had the chance to provide the court with the information necessary to make a decision on the applicable exemptions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Carnes, Roney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.