17 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,756 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,775 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
First Nat. Bank v. Cities Service
391 U.S. 253 (1968) Cited 8,828 times 1 Legal Analyses
Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed
U.S. v. Funds in Amount of $30,670.00
403 F.3d 448 (7th Cir. 2005) Cited 189 times
Holding currency subject to forfeiture given "documented differences between the sources of income properly accounted for in [claimant's] filings and his claimed sources of income"
Bell v. Duperrault
367 F.3d 703 (7th Cir. 2004) Cited 132 times 1 Legal Analyses
Holding that individuals were not similarly situated where they submitted applications for pier extensions at different times, requested different extensions, or requested to replace existing structures rather than build new ones
U.S. v. Marrocco
578 F.3d 627 (7th Cir. 2009) Cited 81 times 3 Legal Analyses
Holding it is unreasonable to conclude that officers would have failed to seek a warrant to search defendant's briefcase after they knew he fit a drug-courier profile, he admitted his briefcase contained a large sum of money, and the dog-sniff test indicated that the briefcase carried the odor of drugs
United States v. Funds in the Amount One Hundred Thousand One Hundred & Twenty Dollars
730 F.3d 711 (7th Cir. 2013) Cited 61 times 3 Legal Analyses
Recognizing that Harris changes the district judge's analysis
U.S. v. Thomas
913 F.2d 1111 (4th Cir. 1990) Cited 105 times
Holding that possession of large amount of cash may be circumstantial evidence of drug trafficking
U.S. v. $124,700 in U.S. Currency
458 F.3d 822 (8th Cir. 2006) Cited 52 times
Holding that a large sum of cash, concealed in aluminum foil inside a cooler, carried by a suspect who had flown cross-country on a one-way plane ticket, was returning in a rented vehicle, and had given unclear or false statements to officers, and a drug dog's alert established a substantial connection between drug trafficking and cash found in vehicle
U.S. v. $506,231 in U.S. Currency
125 F.3d 442 (7th Cir. 1997) Cited 68 times
Holding that district court erred in granting summary judgment to the government, where the government failed to meet its initial burden as the moving party
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,526 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 801 - Congressional findings and declarations: controlled substances
21 U.S.C. § 801 Cited 7,284 times 77 Legal Analyses
Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
Section 881 - Forfeitures
21 U.S.C. § 881 Cited 4,874 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 2,798 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. $ 220,020.00 in United States Currency

17 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed

Holding currency subject to forfeiture given "documented differences between the sources of income properly accounted for in [claimant's] filings and his claimed sources of income"

Holding that individuals were not similarly situated where they submitted applications for pier extensions at different times, requested different extensions, or requested to replace existing structures rather than build new ones

Recognizing that Harris changes the district judge's analysis

Holding that possession of large amount of cash may be circumstantial evidence of drug trafficking

Holding that district court erred in granting summary judgment to the government, where the government failed to meet its initial burden as the moving party

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

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"