FEAR's Brief Bank II
  Motions, pleadings and briefs


Brief Bank II: indexed by issue

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Attorneys fees - prevailing party [ 456 ]

Summary Order

District court's Enforcement Order and Award of Attorney fees under the Equal Access to Justice Act (EAJA)

Affirmed. AUSA had authority to enter government into settlement agreement; and in-court oral settlement

agreement is binding contract, which the government cannot renege on. Second Circuit notes the provision

for award of attorney fees contained in the Civil Asset Forfeiture Reform Act of 2000 (CAFRA)'s provision

for award of attorney fee might supercede EAJA in civil forfeitures, but issue waived and therefore district

court's award under EAJA is affirmed.

by

U.S. v. $660,200 2nd Cir. 06-4248-cv ( 2007 )

browser view: BrowserView filed: 7/2/2007

Word Perfect WordPerfect

MS_Word version: MSWord

RTF version: RichTextFormat [ $660200_Ord ]

PDF version: available PDF [ 569 ]

.

Wednesday, July 11, 2007 Page 1 of 1



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