§Why CasetextPricing

Zibalstar et al v. Conte et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,626 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

  4. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,135 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

  5. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,208 times   11 Legal Analyses
    Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

  6. National Organization for Women, Inc. v. Scheidler

    510 U.S. 249 (1994)   Cited 950 times
    Holding that "RICO contains no economic motive requirement"

  7. Beck v. Prupis

    529 U.S. 494 (2000)   Cited 546 times
    Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

  8. Kansas Penn Gaming, LLC v. Collins

    656 F.3d 1210 (10th Cir. 2011)   Cited 1,408 times   1 Legal Analyses
    Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss

  9. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,382 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

  10. Lightning Lube, Inc. v. Witco Corp.

    4 F.3d 1153 (3d Cir. 1993)   Cited 1,163 times
    Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business

  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 346,412 times   923 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 156,480 times   194 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 61,875 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 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,800 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  16. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,897 times   60 Legal Analyses
    Specifying prohibited activities

  17. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,962 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  18. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,413 times   104 Legal Analyses
    Relating to mail fraud

  19. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,972 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  20. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,093 times   41 Legal Analyses
    Granting civil remedies for RICO violation