§Why CasetextPricing

Carter Bryant v. Mattel Inc

MEMORANDUM in Opposition to Motions of the MGA Parties and IGWT 826 to Dismiss RICO and Creditor Claims [PUBLIC REDACTED VERSION]

90 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Chicago v. Int'l Coll. of Surgeons

    522 U.S. 156 (1997)   Cited 4,695 times   1 Legal Analyses
    Holding that § 1367 "applies with equal force to cases removed to federal court as to cases initially filed there; a removed case is necessarily one 'of which the district courts . . . have original jurisdiction.'"

  3. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,226 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  4. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,104 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  5. 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"

  6. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,413 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

  7. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 848 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  8. Schmuck v. United States

    489 U.S. 705 (1989)   Cited 1,161 times   6 Legal Analyses
    Holding that "routine" mailings that occurred "after the fraud [had] come to fruition" were part of the execution of the defendant's fraudulent scheme because the fraud was not a "'one-shot' operation," but an "ongoing fraudulent venture"

  9. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 731 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself

  10. Blonder-Tongue v. University Foundation

    402 U.S. 313 (1971)   Cited 2,222 times   13 Legal Analyses
    Holding issue preclusion inappropriate when "without fault of his own the [party to be precluded] was deprived of crucial evidence or witnesses in the first litigation"

  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 345,981 times   922 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 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 23,777 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 15,878 times   60 Legal Analyses
    Specifying prohibited activities

  17. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,952 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  18. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,261 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

  19. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,952 times   27 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"

  20. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,804 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases