United States v. Ownbey Enterprises, Inc.

How courts have described this case

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

• determining that the government’s claim for civil penalties to ensure compliance with an administrative-agency order differed from the defendant’s recoupment claim for alleged misrepresentation
• noting in dicta that had the government sued to recover damages and costs, not statutory penalties, the relief requested would have been the same and the recoupment claim would have been permitted
• dismissing counterclaim for recoupment because civil penalties and request for damages were “fundamentally different in scope and nature because they seek to rectify two different types of alleged wrongs.”
• “A request for an injunction . . . cannot be a recoupment claim because . . . recoupment is a defensive action which can only reduce a plaintiff’s monetary award, while an injunction is an affirmative request for relief.”

Source: CourtListener parenthetical corpus (CC0).