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Gidding et al v. Anderson et al

MOTION to Dismiss Memorandum of Points and Authorities in Support of Motion to Dismiss Action Pursuant to Fed.R.Civ.P. Rule 12

44 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,675 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

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

    473 U.S. 479 (1985)   Cited 4,273 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. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 868 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

  5. Lightning Lube, Inc. v. Witco Corp.

    4 F.3d 1153 (3d Cir. 1993)   Cited 1,197 times
    Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business

  6. Ove v. Gwinn

    264 F.3d 817 (9th Cir. 2001)   Cited 670 times
    Holding that district court may decline to exercise supplemental jurisdiction over related state law claims once it has dismissed all claims over which it had original jurisdiction

  7. American National Bank Tr. Co. v. Haroco, Inc.

    473 U.S. 606 (1985)   Cited 309 times
    Holding that the injury required by § 1964(c) must be caused "by the conduct constituting the violation."

  8. Turner v. Cook

    362 F.3d 1219 (9th Cir. 2004)   Cited 543 times   1 Legal Analyses
    Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation

  9. Sever v. Alaska Pulp Corp.

    978 F.2d 1529 (9th Cir. 1992)   Cited 583 times   1 Legal Analyses
    Holding that a former employee failed to state a RICO claim where multiple criminal predicate acts were "in a sense a single episode having the singular purpose of impoverishing [the plaintiff]" and there was "no suggestion that these defendants . . . ever intended anyone but [plaintiff] any harm"

  10. Howard v. America Online Inc.

    208 F.3d 741 (9th Cir. 2000)   Cited 389 times
    Holding that the RICO bar applies even where the plaintiff does not have standing to sue under securities laws because the plaintiff did not buy or sell securities

  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 358,269 times   949 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,489 times   129 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,290 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,320 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,189 times   61 Legal Analyses
    Specifying prohibited activities

  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,163 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  17. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,628 times   104 Legal Analyses
    Relating to mail fraud

  18. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,426 times   173 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  19. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,200 times   43 Legal Analyses
    Granting civil remedies for RICO violation