39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,622 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 4,226 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. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,134 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
  5. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,412 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
  6. Norris v. Hearst Trust

    500 F.3d 454 (5th Cir. 2007)   Cited 952 times   1 Legal Analyses
    Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"
  7. Guidry v. Bank of LaPlace

    954 F.2d 278 (5th Cir. 1992)   Cited 950 times
    Holding that conclusory allegations and unwarranted deductions of fact are not admitted as true
  8. Tel-Phonic Services, Inc. v. TBS Intern

    975 F.2d 1134 (5th Cir. 1992)   Cited 548 times
    Holding that an out-of-circuit pre-transfer decision dismissing some of the claims against the defendants is appealable to this Court after a district court in this circuit enters final judgment on the remaining claims
  9. Hughes v. Tobacco Institute, Inc.

    278 F.3d 417 (5th Cir. 2001)   Cited 309 times   1 Legal Analyses
    Finding the fact that the plaintiffs were not direct purchasers of defendant weighed “heavily against finding antitrust standing”
  10. Abraham v. Singh

    480 F.3d 351 (5th Cir. 2007)   Cited 163 times
    Holding that the plaintiffs had sufficiently pled "a continuity of racketeering activity, or its threat" when the defendants engaged in at least a two-year scheme involving repeated international travel to convince up to 200 or more victims to participate in a fraudulent scheme, emphasizing the finding that there were multiple victims and the criminal activity might have continued had the plaintiffs not filed the lawsuit
  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 345,805 times   922 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 38,918 times   316 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 28,274 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 15,872 times   60 Legal Analyses
    Specifying prohibited activities
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,950 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,401 times   104 Legal Analyses
    Relating to mail fraud
  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,947 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  18. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,333 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "
  19. Section 1513 - Retaliating against a witness, victim, or an informant

    18 U.S.C. § 1513   Cited 1,170 times   24 Legal Analyses
    Criminalizing retaliation for "providing to a law enforcement officer any truthful information relating to the commission ... of any Federal offense "
  20. Section 23:967 - Employee protection from reprisal; prohibited practices; remedies

    La. Stat. tit. 23 § 967   Cited 373 times   4 Legal Analyses

    A. An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law: (1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law. (2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law. (3) Objects to or refuses to participate in an employment act or practice that is in violation of law. B. An employee may commence