46 Cited authorities

Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,699 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 780 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
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006) Cited 874 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
Plaut v. Spendthrift Farm, Inc.
514 U.S. 211 (1995) Cited 906 times 8 Legal Analyses
Holding legislated invalidation of final judgments to be categorically unconstitutional
Posner v. Essex Insurance
178 F.3d 1209 (11th Cir. 1999) Cited 795 times
Holding that the plaintiff “alleged facts, unrebutted by Salem, that established a prima facie case of jurisdiction over Salem”
Williams v. Mohawk Industries, Inc.
465 F.3d 1277 (11th Cir. 2006) Cited 282 times 1 Legal Analyses
Holding that plaintiffs, employees of a carpet and rug manufacturer, had standing to bring RICO claim based on allegations that the manufacturer conspired to hire undocumented workers to keep wages low
Elkadrawy v. Vanguard Grp.
584 F.3d 169 (3d Cir. 2009) Cited 240 times 1 Legal Analyses
Holding that res judicata bars suit when there has been: “ a judgment on the merits in a prior suit; involving the same parties or their privies; and a subsequent suit based on the same cause of action”
N.A.A.C.P. v. Hunt
891 F.2d 1555 (11th Cir. 1990) Cited 282 times
Holding that Alabama did not compel its citizens’ speech by flying the confederate flag at the capitol building because the State did "not compel its citizens to carry or post the flag themselves" or "to support whatever cause it may represent"
Simpson v. Sanderson Farms, Inc.
744 F.3d 702 (11th Cir. 2014) Cited 129 times 1 Legal Analyses
Affirming the dismissal of a complaint for failure to establish essential elements of the asserted cause of action
Gonsalvez v. Celebrity Cruises Inc.
750 F.3d 1195 (11th Cir. 2013) Cited 64 times
Finding that the FAA's three-month limitations period applies to vacatur actions under the New York Convention
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,268 times 61 Legal Analyses
Specifying prohibited activities
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,362 times 410 Legal Analyses
Holding cellular phones are protected
Section 9-12-40 - Judgment conclusive between which persons and on what issues
Ga. Code § 9-12-40 Cited 427 times
Barring claims that were asserted "or under the rules of law might have been" asserted in the earlier action
Section 16-14-4 - Prohibited activities
Ga. Code § 16-14-4 Cited 260 times 1 Legal Analyses
Mirroring Federal RICO's "prohibited activities" section, 18 U.S.C. § 1962(b)(d)
Section 16-14-6 - Civil remedies
Ga. Code § 16-14-6 Cited 88 times
Stating that a prevailing plaintiff " shall also recover attorneys' fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred"
Section 16-9-93 - Computer crimes defined; exclusivity of article; civil remedies; criminal penalties
Ga. Code § 16-9-93 Cited 68 times 6 Legal Analyses
Authorizing civil suit for damages; continuing, "[t]he provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law"
Section 16-14-8 - Period of limitations as to criminal proceedings or civil actions under this chapter
Ga. Code § 16-14-8 Cited 40 times
Notwithstanding any other provision of law setting forth a statute of limitations, a criminal proceeding or civil action brought pursuant to Code Section 16-14-6 shall be commenced up until five years after the conduct in violation of a provision of this chapter terminates. If a criminal proceeding or civil forfeiture proceeding is brought by the state pursuant to this chapter, then the running of this period of limitations, with respect to any cause of action arising under subsection (b) or (c)
Section 16-4-4 - Impossibility as a defense
Ga. Code § 16-4-4 Cited 28 times
It is no defense to a charge of criminal attempt that the crime the accused is charged with attempting was, under the attendant circumstances, factually or legally impossible of commission if such crime could have been committed had the attendant circumstances been as the accused believed them to be. OCGA § 16-4-4
Section 3.11 - Commencement of proceedings
16 C.F.R. § 3.11 Cited 20 times 3 Legal Analyses
(a)Complaint. Except as provided in § 3.13 , an adjudicative proceeding is commenced when an affirmative vote is taken by the Commission to issue a complaint. (b)Form of complaint. The Commission's complaint shall contain the following: (1) Recital of the legal authority and jurisdiction for institution of the proceeding, with specific designation of the statutory provisions alleged to have been violated; (2) A clear and concise factual statement sufficient to inform each respondent with reasonable

Daugherty et al v. Adams et al

46 Cited authorities

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

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 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

Holding legislated invalidation of final judgments to be categorically unconstitutional

Holding that the plaintiff “alleged facts, unrebutted by Salem, that established a prima facie case of jurisdiction over Salem”

Holding that plaintiffs, employees of a carpet and rug manufacturer, had standing to bring RICO claim based on allegations that the manufacturer conspired to hire undocumented workers to keep wages low

Holding that res judicata bars suit when there has been: “ a judgment on the merits in a prior suit; involving the same parties or their privies; and a subsequent suit based on the same cause of action”

Holding that Alabama did not compel its citizens’ speech by flying the confederate flag at the capitol building because the State did "not compel its citizens to carry or post the flag themselves" or "to support whatever cause it may represent"

Affirming the dismissal of a complaint for failure to establish essential elements of the asserted cause of action

Finding that the FAA's three-month limitations period applies to vacatur actions under the New York Convention

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Specifying prohibited activities

Holding cellular phones are protected

Barring claims that were asserted "or under the rules of law might have been" asserted in the earlier action

Mirroring Federal RICO's "prohibited activities" section, 18 U.S.C. § 1962(b)(d)

Stating that a prevailing plaintiff " shall also recover attorneys' fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred"

Authorizing civil suit for damages; continuing, "[t]he provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law"