Friday, June 3, 2011

Daily Opinion Summaries for U.S. 2nd Circuit Court of Appeals - 06/03/2011

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Daily Opinion Summaries
U.S. 2nd Circuit Court of Appeals

June 03, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Civil Procedure, Property Law & Real Estate, Remedies, Asset Forfeiture, Attorney's Fees
US v. The Painting Known as Le Marché

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LATEST SUMMARIES

Civil Procedure, Property Law & Real Estate, Remedies, Asset Forfeiture, Attorney's Fees
US v. The Painting Known as Le Marché, No. 10-300
In a dispute arising from a forfeiture action by the government, U.S.C. Section 1595a, concerning a Camille Pissarro monotype, judgment of the district court by denying real party 18 U.S.C. Section 983 protections and attorney fees is affirmed because: 1) Section 1595a actions are not governed by Section 983, and therefore real party was not entitled to raise the innocent-owner defense provided by Section 983(d) or to take advantage of the heightened proof requirement of Section 983(c); and 2) real party was not a prevailing party within the meaning of 28 U.S.C. Section 2465(b)(1). Read more...







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