§Why CasetextPricing

Campbell v. Baum, Esq. et al

MOTION to Dismiss and Memorandum of Law

44 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 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' "

  2. Kremer v. Chemical Construction Corp.

    456 U.S. 461 (1982)   Cited 2,473 times   2 Legal Analyses
    Holding that "full and fair opportunity to litigate" is satisfied by minimum procedural requirements of the Fourteenth Amendment

  3. 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

  4. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,400 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

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

    459 F.3d 273 (2d Cir. 2006)   Cited 1,193 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. Kehr Packages, Inc. v. Fidelcor, Inc.

    926 F.2d 1406 (3d Cir. 1991)   Cited 1,992 times
    Holding that the RlCO-continuity analysis of an allegedly fraudulent scheme must focus on "the instances of deceit constituting the underlying fraudulent scheme"

  7. Rocanova v. Equitable Life

    83 N.Y.2d 603 (N.Y. 1994)   Cited 977 times   1 Legal Analyses
    Holding "[p]unitive damages are not recoverable for an ordinary breach of contract"

  8. Blue Tree Hotels v. Starwood Hotels Resorts

    369 F.3d 212 (2d Cir. 2004)   Cited 550 times
    Holding that a Court may consider public records, such as complaints filed in state court, in deciding a motion to dismiss under Fed.R.Civ.P. 12(b)

  9. Clarke v. Frank

    960 F.2d 1146 (2d Cir. 1992)   Cited 423 times
    Holding that district court was well within its discretion in finding that a simple case with a single issue required attorney to expend 120 hours

  10. Miranda v. Ponce Federal Bank

    948 F.2d 41 (1st Cir. 1991)   Cited 300 times
    Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act

  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 348,416 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,105 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,957 times   60 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,991 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,446 times   104 Legal Analyses
    Relating to mail fraud

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

    18 U.S.C. § 1343   Cited 12,053 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  17. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,364 times   304 Legal Analyses
    Making false statements

  18. Section 242 - Deprivation of rights under color of law

    18 U.S.C. § 242   Cited 3,878 times   8 Legal Analyses
    Noting that "if bodily injury results from the acts committed in violation of this section," the defendant "shall be fined under this title or imprisoned not more than ten years, or both"

  19. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,733 times   23 Legal Analyses
    Describing "qualified written request"

  20. Section 1503 - Influencing or injuring officer or juror generally

    18 U.S.C. § 1503   Cited 2,518 times   17 Legal Analyses
    Relating to obstruction of justice