15 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,484 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Erickson v. Pardus
551 U.S. 89 (2007) Cited 61,834 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Davila v. Delta Air Lines, Inc.
326 F.3d 1183 (11th Cir. 2003) Cited 855 times 1 Legal Analyses
Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal
U.S. v. $191,910.00 in U.S. Currency
16 F.3d 1051 (9th Cir. 1994) Cited 227 times 1 Legal Analyses
Affirming summary judgment in claimant's favor
U.S. v. $38,000.00 in U.S. Currency
816 F.2d 1538 (11th Cir. 1987) Cited 242 times
Holding that a possessory interest was sufficient to confer standing when the claimant asserted that he held the money as a bailee
U.S. v. 4,255,000
762 F.2d 895 (11th Cir. 1985) Cited 173 times
Holding that, under 21 U.S.C. § 881, the application of the innocent owner defense “turns on the claimant's actual knowledge, not constructive knowledge”
U.S. v. Two Parcels of Real Property
92 F.3d 1123 (11th Cir. 1996) Cited 79 times
Permitting adverse inference against civil forfeiture claimant
U.S. v. $121,100.00 in U.S. Currency
999 F.2d 1503 (11th Cir. 1993) Cited 80 times
Holding that an appeals court can affirm for any reason supported by the record, even if not relied upon by the district court
U.S. v. Lopez-Burgos
435 F.3d 1 (1st Cir. 2006) Cited 20 times
Finding "little significance" in the fact that cash was "concealed" because "[f]ew people carry any money, especially large sums, in any way other than 'concealed.'"
DeRango v. U.S.
864 F.2d 520 (7th Cir. 1988) Cited 36 times
In DeRango, we stated that "there is no bar to raising a Section 2255 motion while the [direct] appeal is pending," citing Davis and Womack.
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 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2412 - Costs and fees
28 U.S.C. § 2412 Cited 28,780 times 22 Legal Analyses
Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
Section 881 - Forfeitures
21 U.S.C. § 881 Cited 4,866 times 7 Legal Analyses
Adopting five-year statute of limitations of 19 U.S.C. § 1621
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,797 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"

USA v. $13,600.00 in U.S. Currency And $1,800.00 in Money Orders

15 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

Affirming summary judgment in claimant's favor

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

Holding that, under 21 U.S.C. § 881, the application of the innocent owner defense “turns on the claimant's actual knowledge, not constructive knowledge”

Permitting adverse inference against civil forfeiture claimant

Holding that an appeals court can affirm for any reason supported by the record, even if not relied upon by the district court

Finding "little significance" in the fact that cash was "concealed" because "[f]ew people carry any money, especially large sums, in any way other than 'concealed.'"

In DeRango, we stated that "there is no bar to raising a Section 2255 motion while the [direct] appeal is pending," citing Davis and Womack.

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

Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

Adopting five-year statute of limitations of 19 U.S.C. § 1621

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"