69 Cited authorities

  1. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,804 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  2. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,637 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity
  3. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,723 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
  4. Yourish v. California Amplifier

    191 F.3d 983 (9th Cir. 1999)   Cited 3,721 times
    Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint
  5. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,543 times   1 Legal Analyses
    Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
  6. Goldman v. Belden

    754 F.2d 1059 (2d Cir. 1985)   Cited 1,659 times   1 Legal Analyses
    Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper
  7. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 778 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
  8. Hernandez v. Coughlin

    18 F.3d 133 (2d Cir. 1994)   Cited 692 times
    Holding that a district court lacks jurisdiction to consider a motion to amend a complaint "[o]nce a timely notice of appeal has been made" to the court of appeals
  9. Luce v. Edelstein

    802 F.2d 49 (2d Cir. 1986)   Cited 735 times
    Holding that the plaintiff's failure to connect allegations of fraudulent representations to particular defendants, attributing representations simply to the “defendants,” could not satisfy Rule 9(b)'s particularity requirement
  10. Cofacredit v. Windsor Plumbing Supply Co.

    187 F.3d 229 (2d Cir. 1999)   Cited 392 times
    Finding insufficient evidence of a conspiracy to commit a pattern of racketeering activity
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,503 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,606 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,302 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,110 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,961 times   60 Legal Analyses
    Specifying prohibited activities
  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,992 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,060 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,110 times   42 Legal Analyses
    Granting civil remedies for RICO violation
  19. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,231 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
  20. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 743 times   1 Legal Analyses
    Providing for special RICO venue