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Williams et al v. Equitable Acceptance Corporation et al

MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss the RICO Claims in the Amended Class Action Complaint. . Document

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 3,144 times   2 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  4. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 1,031 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

  5. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,243 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

  6. Mangiafico v. Blumenthal

    471 F.3d 391 (2d Cir. 2006)   Cited 1,028 times
    Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal

  7. Crawford v. Franklin Credit Mgmt. Corp.

    758 F.3d 473 (2d Cir. 2014)   Cited 515 times
    Holding that a defendant's mailing of mortgage statements, default notices, and correspondence related to a state foreclosure action did not permit an inference of racketeering activity, such as mail fraud, under RICO

  8. First Capital Asset Mgmt. v. Satinwood, Inc.

    385 F.3d 159 (2d Cir. 2004)   Cited 658 times
    Holding that predicate acts over two-and-a-half years did not constitute closed-ended continuity because the complaint "alleged that [defendant] engaged in a single scheme to defraud two creditors by quickly moving his assets to his relatives and then concealing the existence of those assets during his bankruptcy proceeding"

  9. Spool v. World Child

    520 F.3d 178 (2d Cir. 2008)   Cited 482 times   1 Legal Analyses
    Holding "a serious, but discrete and relatively short-lived scheme . . . insufficient to establish open-ended continuity"

  10. U.S. v. Autuori

    212 F.3d 105 (2d Cir. 2000)   Cited 538 times
    Holding that a jury verdict must be upheld if a rational trier of fact "could have found the essential elements of the crime beyond a reasonable doubt"

  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,173 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  12. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,292 times   61 Legal Analyses
    Specifying prohibited activities

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,244 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,376 times   410 Legal Analyses
    Holding cellular phones are protected

  15. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 2,646 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"

  16. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,912 times   22 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  17. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,210 times   4 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions

  18. Section 1637 - Open end consumer credit plans

    15 U.S.C. § 1637   Cited 336 times   12 Legal Analyses
    Enumerating “[r]equired disclosures” to be made by a creditor to a consumer before an open end consumer credit account can be opened, including disclosures related to billing disputes

  19. Section 14-A - Rate of interest; superintendent of financial services to adopt regulations

    N.Y. Banking Law § 14-A   Cited 282 times   3 Legal Analyses
    Noting original enactment date of Dec. 31, 1979