47 Cited authorities

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

    553 U.S. 639 (2008)   Cited 1,126 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
  2. Zenith Radio Corp. v. Hazeltine Research

    401 U.S. 321 (1971)   Cited 2,537 times   5 Legal Analyses
    Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"
  3. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 2,116 times   1 Legal Analyses
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales
  4. Lerner v. Fleet Bank, N.A.

    318 F.3d 113 (2d Cir. 2003)   Cited 484 times   1 Legal Analyses
    Holding that lack of statutory standing under RICO "is not jurisdictional in nature . . . but is rather an element of the merits addressed under a Fed.R.Civ.P. 12(b) motion for failure to state a claim"
  5. Pinto v. Allstate Ins. Co.

    221 F.3d 394 (2d Cir. 2000)   Cited 402 times
    Holding that for purposes of deciding a summary judgment motion, the court must "resolv[e] all ambiguities and draw[] all inferences in favor of the non-moving party"
  6. Bankers Trust Co. v. Rhoades

    859 F.2d 1096 (2d Cir. 1988)   Cited 428 times
    Holding that a RICO injury does not occur until it becomes clear that a loan will not be repaid
  7. Pereira v. Farace

    413 F.3d 330 (2d Cir. 2005)   Cited 164 times   1 Legal Analyses
    Holding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy
  8. Federal Trade Commission v. Verity International, Ltd.

    443 F.3d 48 (2d Cir. 2006)   Cited 147 times   3 Legal Analyses
    Holding that "because the availability of restitution under § 13(b) of the FTC Act, to the extent it exists, derives from the district court's equitable jurisdiction, it follows that the district court may award only equitable restitution"
  9. Manufacturers Hanover Trust Co. v. Chemical Bank

    160 A.D.2d 113 (N.Y. App. Div. 1990)   Cited 220 times   1 Legal Analyses
    Holding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”
  10. Hotel 71 Mezz Lender LLC v. Falor

    2010 N.Y. Slip Op. 1348 (N.Y. 2010)   Cited 114 times
    Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver
  11. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,184 times   42 Legal Analyses
    Granting civil remedies for RICO violation
  12. Rule 64 - Seizing a Person or Property

    Fed. R. Civ. P. 64   Cited 1,547 times   7 Legal Analyses
    Granting federal courts authority to use state law remedies for seizing property
  13. Section 6201 - Grounds for attachment

    N.Y. CPLR 6201   Cited 679 times
    Setting forth grounds for prejudgment attachment under New York law
  14. Section R6212 - Motion papers; undertaking; filing; demand; damages

    N.Y. C.P.L.R. § 6212   Cited 343 times
    Undertaking required on motion for an order of attachment as security for costs and damages, including reasonable attorney's fees
  15. Section 6210 - Order of attachment on notice; temporary restraining order; contents

    N.Y. C.P.L.R. § 6210   Cited 48 times

    Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the transfer of assets by a garnishee as provided in subdivision (b) of section 6214. The contents of the order of attachment granted pursuant to this section shall be as provided in subdivision (a) of section 6211. N.Y. CPLR 6210