United States DC Circuit

In an action challenging the Department of Labor's decision that plaintiff was required to pay the Department a share of the proceeds from a personal injury action, summary judgment for defendant is affirmed where: 1) the settlement agreement clearly showed that the parties' mutual intent was to have both spouses release their respective claims against defendants; 2) it was for Labor to determine how much of plaintiffs' settlement proceeds should be allocated to plaintiff's loss of consortium claim; and 3) plaintiffs offered insufficient evidence to substantiate their claim for costs.

Appellate Information

• Argued 03/18/2010
• Decided 06/22/2010
• Published 06/22/2010

Judges

• KAREN LECRAFT HENDERSON, Circuit Judge:, Before SENTELLE, Chief Judge, HENDERSON and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph M. Hannon Jr. argued the cause for the appellant.


• For Appellees:
  
• Alan Burch, Assistant United States Attorney, argued the cause for the appellee. R. Craig Lawrence, Assistant United States Attorney, was on brief.