69 Cited authorities

Papasan v. Allain
478 U.S. 265 (1986) Cited 16,918 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"
H. J. Inc. v. Northwestern Bell Telephone Co.
492 U.S. 229 (1989) Cited 3,644 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
United States v. Turkette
452 U.S. 576 (1981) Cited 2,727 times 2 Legal Analyses
Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
Yourish v. California Amplifier
191 F.3d 983 (9th Cir. 1999) Cited 3,776 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
Mills v. Polar Molecular Corp.
12 F.3d 1170 (2d Cir. 1993) Cited 1,547 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"
Goldman v. Belden
754 F.2d 1059 (2d Cir. 1985) Cited 1,664 times 1 Legal Analyses
Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper
Bank Brussels v. Fiddler Gonzalez Rodriguez
171 F.3d 779 (2d Cir. 1999) Cited 781 times
Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
Hernandez v. Coughlin
18 F.3d 133 (2d Cir. 1994) Cited 700 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
Luce v. Edelstein
802 F.2d 49 (2d Cir. 1986) Cited 737 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
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
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 62,785 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"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,010 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,028 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,203 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,129 times 42 Legal Analyses
Granting civil remedies for RICO violation
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. CPLR 302 Cited 4,250 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"
Section 1965 - Venue and process
18 U.S.C. § 1965 Cited 748 times 1 Legal Analyses
Providing for special RICO venue

101 McMurray, LLC v. Porter et al

69 Cited authorities

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"

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

Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

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

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"

Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper

Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

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

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

Finding insufficient evidence of a conspiracy to commit a pattern of racketeering activity

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Barring fraudulent schemes "for obtaining money or property"

Granting civil remedies for RICO violation

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"

Providing for special RICO venue