15 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Shaw v. Digital Equipment Corp.
82 F.3d 1194 (1st Cir. 1996) Cited 1,003 times 8 Legal Analyses
Holding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made
Glassman v. Computervision Corp.
90 F.3d 617 (1st Cir. 1996) Cited 642 times
Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”
Berner v. Delahanty
129 F.3d 20 (1st Cir. 1997) Cited 320 times
Holding that courtroom is a nonpublic forum
Aetna Cas. Sur. Co. v. P B Autobody
43 F.3d 1546 (1st Cir. 1994) Cited 276 times
Holding that parties "may be allowed to maintain alternative contentions at least until the evidence is closed"
Miranda v. Ponce Federal Bank
948 F.2d 41 (1st Cir. 1991) Cited 298 times
Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act
U.S. v. Sawyer
85 F.3d 713 (1st Cir. 1996) Cited 122 times
Holding that a conviction of a public official for honest services wire fraud "cannot stand where the conduct does not actually deprive the public of its right to her honest services" and where the official through her conduct "is not shown to intend that [deprivation]"
Natale v. Espy Corp.
2 F. Supp. 3d 93 (D. Mass. 2014) Cited 10 times
In Natale, most of the individual defendants were residents of Texas, the key evidence was likely located in Texas, and Texas law governed the common law claims.
Dickey v. Kennedy
724 F. Supp. 2d 207 (D. Mass. 2010) Cited 4 times
Entering summary judgment against private RICO claims predicated on health-inspector's purported extortion of property owner's buildings, where evidence established that the health-inspector "unilaterally condemned, renovated and then sold property . . . against the will of or unbeknownst of the 'victims' "
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 344,855 times 920 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 15,844 times 59 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,922 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,384 times 102 Legal Analyses
Relating to mail fraud
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 11,548 times 51 Legal Analyses
Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
Rule 5 - Service and Filing of Pleadings and Other Papers
Mass. R. Civ. P. 5 Cited 51 times
(a) Service: When Required. Except as otherwise provided in these Rules, or unless the court on motion with or without notice or of its own initiative otherwise orders, every order required by its terms to be served, every pleading subsequent to the original complaint, every paper relating to discovery required to be served upon a party, every written motion other than one which may be heard ex parte, and every written notice, notice of change of attorney, appearance, demand, brief or memorandum

Dickey v. City of Boston et al

15 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made

Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”

Holding that courtroom is a nonpublic forum

Holding that parties "may be allowed to maintain alternative contentions at least until the evidence is closed"

Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act

Holding that a conviction of a public official for honest services wire fraud "cannot stand where the conduct does not actually deprive the public of its right to her honest services" and where the official through her conduct "is not shown to intend that [deprivation]"

In Natale, most of the individual defendants were residents of Texas, the key evidence was likely located in Texas, and Texas law governed the common law claims.

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

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”