18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Dusenbery v. United States
534 U.S. 161 (2002) Cited 1,175 times 2 Legal Analyses
Holding that notice of administrative forfeiture sent to prisoner did not require actual notice to the property owner, only notice reasonably calculated to apprise a party of the pendency of the action
Mullane v. Central Hanover Tr. Co.
339 U.S. 306 (1950) Cited 10,517 times 19 Legal Analyses
Holding that due process requires a hearing "appropriate to the nature of the case"
United States v. James Daniel Good Real Property
510 U.S. 43 (1993) Cited 1,058 times 9 Legal Analyses
Holding that the government's continued retention of property after seizure must comply with the Due Process Clause
Randall v. Scott
610 F.3d 701 (11th Cir. 2010) Cited 1,811 times 1 Legal Analyses
Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"
Bishop v. Ross Earle & Bonan, P.A.
817 F.3d 1268 (11th Cir. 2016) Cited 148 times
In Bishop, this Court analyzed Section 1692g, which imposes certain requirements for a debt collector's "initial communication" with a consumer.
U.S. v. $38,000.00 in U.S. Currency
816 F.2d 1538 (11th Cir. 1987) Cited 247 times
Holding that a possessory interest was sufficient to confer standing when the claimant asserted that he held the money as a bailee
United States v. One Ford Coach
307 U.S. 219 (1939) Cited 237 times
Finding that the taking of property without compensation "should be enforced only when within both the letter and the spirit of the law."
United States v. Davenport
668 F.3d 1316 (11th Cir. 2012) Cited 84 times
Holding that third party "lacked standing to challenge the validity of the ... determination of forfeitability," as "[h]er sole mechanism for vindicating her purported interest in the forfeited [property] was within the context of the ancillary proceeding described by § 853(n) and Rule 32.2(c)"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,867 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,871 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

United States of America v. $5,684.00 in U.S. Currency et al

18 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that notice of administrative forfeiture sent to prisoner did not require actual notice to the property owner, only notice reasonably calculated to apprise a party of the pendency of the action

Holding that due process requires a hearing "appropriate to the nature of the case"

Holding that the government's continued retention of property after seizure must comply with the Due Process Clause

Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"

In Bishop, this Court analyzed Section 1692g, which imposes certain requirements for a debt collector's "initial communication" with a consumer.

Holding that a possessory interest was sufficient to confer standing when the claimant asserted that he held the money as a bailee

Finding that the taking of property without compensation "should be enforced only when within both the letter and the spirit of the law."

Holding that third party "lacked standing to challenge the validity of the ... determination of forfeitability," as "[h]er sole mechanism for vindicating her purported interest in the forfeited [property] was within the context of the ancillary proceeding described by § 853(n) and Rule 32.2(c)"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Adopting 19 U.S.C. § 1602 et seq.

Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"