Legal Opinion
United States v. Premises Known as 717 South Woodward Street
Court of Appeals for the Third Circuit
Decided August 20, 1993No. 92-1916PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
We consider here whether, under some circumstances, a claimant asserting the innocent owner defense to forfeiture of property used in federal drug offenses may successfully oppose a motion for summary judgment solely by declaring under oath that he or she did not know of the activity giving rise to forfeiture. On the present record, we hold that a reasonable juror Could believe the assertions of claimants Wyrma Acevedo Rivera and Luis Rivera and that there is thus a genuine issue of fact for trial.
I
The United States brought this civil forfeiture…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States v. Parcel of Rumson, NJ, LandSupreme Court of the United States · 1993
- United States v. Contents of Accounts Nos. 3034504504 & 144-07143 at Merrill, Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1992
- United States v. 1 Parcel of Real Property, Lot 4, Block 5 of Eaton AcresCourt of Appeals for the Ninth Circuit · 1990
- William Rolick v. Collins Pine Company and Collins Pine Company, T/d/b/a Kane Hardwood DivisionCourt of Appeals for the Third Circuit · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Premises Known As 717 South Woodward Street, Allentown, PennsylvaniaCourt of Appeals for the Second Circuit · 1993
- Apaydin v. Citibank Federal Savings Bank (In Re Apayin)United States Bankruptcy Court, E.D. Pennsylvania · 1996
- Okan's Foods, Inc. v. Windsor Associates Ltd. Partnership (In Re Okan's Foods, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- Birgetta A. Davis Boyd and Charlene Harrison v. Norman P. Wexler, Doing Business as Wexler and WexlerCourt of Appeals for the Seventh Circuit · 2001
- Satriale v. Key Bank USA, N.A. (In Re Burry)United States Bankruptcy Court, E.D. Pennsylvania · 2004
12 more not listed; retrieve them via the Exa API.