30 Cited authorities

Salinas v. United States
522 U.S. 52 (1997) Cited 1,207 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"
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 762 times 2 Legal Analyses
Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
Smith v. United States
568 U.S. 106 (2013) Cited 371 times 5 Legal Analyses
Holding that a criminal defendant has the burden to establish an affirmative defense
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,189 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"
Gibson v. Brewer
952 S.W.2d 239 (Mo. 1997) Cited 451 times 2 Legal Analyses
Holding that First Amendment barred child victim of sexual abuse by priest from bringing negligent hiring and supervision claims, but that First Amendment would not be violated by adjudication of claim of intentional failure to supervise priest
Morgan Distributing Co. v. Unidynamic Corp.
868 F.2d 992 (8th Cir. 1989) Cited 260 times
Holding that one complaint, alleging one breach of a franchise agreement, and another complaint, alleging a related breach of the same agreement, created different actions for purposes of Rule 15(c)
United States v. Bledsoe
674 F.2d 647 (8th Cir. 1982) Cited 243 times
Finding no enterprise even though two schemes were conducted using the same modus operandi
Kottler v. Deutsche Bank AG
607 F. Supp. 2d 447 (S.D.N.Y. 2009) Cited 101 times
Holding that aiding and abetting fraud claims accrued on the transaction date
U.S. v. Hurley
63 F.3d 1 (1st Cir. 1995) Cited 132 times
Holding that forfeiture judgments against one participant in a conspiracy equal to the reasonably foreseeable criminal proceeds obtained by others in the conspiracy are appropriate
Baumer v. Pachl
8 F.3d 1341 (9th Cir. 1993) Cited 133 times
Holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services "well or poorly, properly or improperly"

Aguilar et al v. PNC Bank, N.A.

30 Cited authorities

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"

Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

Holding that a criminal defendant has the burden to establish an affirmative defense

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"

Holding that First Amendment barred child victim of sexual abuse by priest from bringing negligent hiring and supervision claims, but that First Amendment would not be violated by adjudication of claim of intentional failure to supervise priest

Holding that one complaint, alleging one breach of a franchise agreement, and another complaint, alleging a related breach of the same agreement, created different actions for purposes of Rule 15(c)

Finding no enterprise even though two schemes were conducted using the same modus operandi

Holding that aiding and abetting fraud claims accrued on the transaction date

Holding that forfeiture judgments against one participant in a conspiracy equal to the reasonably foreseeable criminal proceeds obtained by others in the conspiracy are appropriate

Holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services "well or poorly, properly or improperly"