Can a federal judge review an action brought by the Department of Justice in the District Court?

MultiRegion, United States of America

The following excerpt is from Marshall Leasing, Inc. v. U.S., 893 F.2d 1096 (9th Cir. 1990):

Section 704 of the Administrative Procedure Act bars review of agency action by the district court when there is an adequate remedy in another forum. 2 See, e.g., Bowen v. Massachusetts, 108 S.Ct. at 2736-37. The district court found, and appellees here argue, that there was an adequate remedy at law because plaintiff "has alleged no facts from which the court could conclude that money damages would not be adequate. For example, plaintiff asserts no special or sentimental value in the automobile." A court must examine two factors in determining whether an adequate remedy at law exists: whether monetary relief would be adequate if received and whether there is a forum in which the claim for relief can be heard. The former, but not the latter, requirement is satisfied as to appellant's claims alleging a denial of due process under the fifth amendment.

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