United States v. DeFries, Clayton E.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when union executive committee concealed information on challenged severance payments from its members, it was not \reasonable to say that the severance payments were `authorized'\ despite union bylaws expressly empowering the executive committee to set its own compensation
• recognizing some exceptions to this general rule that do not expressly include appeal from denial of qualified immunity defense
• explaining that a district court can maintain jurisdiction over a case when a party “takes an interlocutory appeal from a 3 II. Defendants move to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6
• “To the extent that the government argues that whether the two unions constituted a single enterprise is a matter of law, it is mistaken.”
• A public official’s breach of fiduciary duty is criminally fraudulent only accompanied by a misrepresentation or non-disclosure that is intended to deprive the person whom the duty is owed some legally significant benefit
• government must prove forfeiture allegations under 18 U.S.C. § 1963(a) by a preponderance of the evidence, citing Libretti for the proposition that criminal forfeiture is an aspect of sentencing

Source: CourtListener parenthetical corpus (CC0).