Legal News

Case Summaries

Asset Forfeiture

[06/18] US v. 777 Greene Ave.
In a civil forfeiture proceeding, the motion to withdraw of defendant's counsel is denied where such a motion will not be granted unless counsel satisfies the requirements established under Anders v. California, 386 U.S. 738 (1976), and its progeny. With regard to motions to withdraw filed by appellate counsel appointed pursuant to 18 U.S.C. section 983(b)(2)(A), the procedure established under Anders and its progeny is best suited to protect the right to counsel to which indigent litigants are entitled.

[06/10] People v. Indiana Lumbermens Mut. Ins. Co.
In a motion to set aside a forfeiture and exonerate a bond, court of appeals' reversal of trial court's denial is reversed as a motion for relief from forfeiture of bail must be made within 180 days of forfeiture, unless the time is extended as the governing statute permits, even when an absconding defendant is arrested or surrendered in a county other than the jurisdiction where the case is pending.

[05/07] ERI Consulting Eng'r, Inc. v. Swinnea
In plaintiffs' suit against his former business partner claiming various causes of action including common law fraud and breach of fiduciary duty, judgment of the court of appeals holding that equitable forfeiture is not an available remedy is reversed as, when a partner in a business breached his fiduciary duty by fraudulently inducing another partner to buy out his interest, the consideration received by the breaching party for his interest in the business is subject to forfeiture as a remedy for the breach, in addition to other damages that result from the tortious conduct.

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Aerospace & Defense

[06/23] Rectrix Aerodrome Ctrs., Inc. v. Barnstable Mun. Airport Comm'n
In plaintiff's suit against an airport commission and individual defendants, claiming that it was prevented from competing with defendant in the sale of jet fuel, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) plaintiff's fraud claim fails as plaintiff was a commercial tenant of the airport and, given the self-service standards and lease terms, had no right and no reasonable expectation of being able to sell jet fuel at the airport; 2) the antitrust claim is barred by the state action doctrine given the Massachusetts statute; and 3) plaintiff's equal protection claim under section 1983 fails as no private entity at the airport has the privilege sought by plaintiff.

[06/23] Air Line Pilots Ass'n v. US Airways Group
In an airline pilots union's suit to establish and arbitrate before a multi-employer, multi-union board of adjustment, district court's dismissal of the complaint is affirmed as plaintiff's claim is foreclosed by the plain language of section 204 of the Railway Labor Act, which permits but does not require such a board adjustment, and plaintiff's alternative state law claim is meritless.

[06/08] Turner v. NTSB
In pilots' petition for review of the National Transportation Safety Board's order reversing an attorney's fee award to petitioners against the Federal Aviation Administration (FAA) in a pilot's license revocation proceeding, the petition is denied where: 1) because the Administrative Law Judge dismissed the cases without prejudice, there was nothing in this case analogous to judicial relief; 2) the pilots are not prevailing parties for purposes of 5 U.S.C. section 504(a)(1), and thus, they are not entitled to recover their attorneys fees and expenses under that section; and 3) petitioners could not recover under section 504(a)(4) because the FAA did not prevail.

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