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European Community et al v. RJR Nabisco, Inc. et al

MEMORANDUM in Support re MOTION to Dismiss Second Amended Complaint

89 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 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' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,131 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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

    473 U.S. 479 (1985)   Cited 4,230 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."

  5. 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

  6. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,666 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

  7. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 763 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

  8. 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

  9. Agency Holding Corp. v. Malley-Duff Assocs

    483 U.S. 143 (1987)   Cited 1,185 times   1 Legal Analyses
    Holding that civil RICO actions are subject to a four-year statute of limitations

  10. 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

  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 346,412 times   923 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 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,327 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,897 times   60 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,962 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,300 times   141 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  17. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,093 times   41 Legal Analyses
    Granting civil remedies for RICO violation

  18. Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity

    18 U.S.C. § 1957   Cited 3,266 times   41 Legal Analyses
    Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

  19. Rule 44.1 - Determining Foreign Law

    Fed. R. Civ. P. 44.1   Cited 1,206 times   23 Legal Analyses
    Noting the court's determination of foreign law is treated as a question of law