§Why CasetextPricing

Jackson et al v. Segwick Claims Management Services, Inc. et al

MOTION to Dismiss , Or, In the Alternative, For a Stay of Proceedings, and Notice of Joinder in Defendant Paul Drouillard's Motion to Dismiss

45 Cited authorities

  1. 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."

  2. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,413 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

  3. Moon v. Harrison Piping Supply

    465 F.3d 719 (6th Cir. 2006)   Cited 692 times   1 Legal Analyses
    Holding that district court should have declined to exercise supplemental jurisdiction over IIED claim because " claim implicate[d] complex aspects of Michigan law"

  4. Harper v. Autoalliance Intern., Inc.

    392 F.3d 195 (6th Cir. 2004)   Cited 527 times
    Holding that one attorney of record may sign the notice of removal and certify that the remaining co-defendants consent to removal

  5. Advocacy Organization v. Auto Club Ins. Assoc

    176 F.3d 315 (6th Cir. 1999)   Cited 409 times
    Holding that the plaintiffs' RICO suit could be dismissed because they had failed to allege that the defendants had acquired control of an enterprise through a pattern of racketeering activity, even though the district court had failed to reach that element when it dismissed the case on other grounds

  6. Craighead v. E.F. Hutton Co., Inc.

    899 F.2d 485 (6th Cir. 1990)   Cited 441 times
    Holding that securities fraud churning allegations "cannot be based upon 'information and belief except where the relevant facts lie exclusively within knowledge and control of the opposing party, and even then, the plaintiff must plead a particular statement of facts upon which his belief is based"

  7. Brown v. Cassens Transport Co.

    546 F.3d 347 (6th Cir. 2008)   Cited 170 times   2 Legal Analyses
    Holding that thirteen predicate acts that span over three years constitute a period of closed-ended continuity, especially when alleging that the legitimate business, or part, is conducted regularly by way of fraud through the use of fraudulent communications by mail and wire

  8. Trollinger v. Tyson Foods, Inc.

    370 F.3d 602 (6th Cir. 2004)   Cited 157 times   1 Legal Analyses
    Holding that the NLRA does not "preempt" wage-related RICO claims

  9. McCulloch v. PNC Bank Inc.

    298 F.3d 1217 (11th Cir. 2002)   Cited 146 times
    Holding that plaintiff's allegations of mail and wire fraud were "nothing more than purported HEA violations pled in RICO terms"

  10. VandenBroeck v. CommonPoint Mortgage Co.

    210 F.3d 696 (6th Cir. 2000)   Cited 147 times
    Holding that the defendant lender's relationship with the numerous secondary lenders to which it sold customer loans was "too unstable and fluid an entity to constitute a RICO enterprise"

  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. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,800 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  13. Section 1962 - Prohibited activities

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

  14. Section 1964 - Civil remedies

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

  15. Section 1445 - Nonremovable actions

    28 U.S.C. § 1445   Cited 1,033 times   4 Legal Analyses
    Prohibiting the removal of FELA cases

  16. Section 1 - Repealed

    18 U.S.C. § 1   Cited 468 times   1 Legal Analyses
    Defining petty offenses as crimes "the penalty for which . . . does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or Page 838 both"

  17. Section 418.131 - Exclusive remedy; exception; "employee" and "employer" defined

    Mich. Comp. Laws § 418.131   Cited 432 times
    Providing that Workmen's Compensation benefits "shall be the employee's exclusive remedy against the employer."

  18. Section 418.101 - Short title

    Mich. Comp. Laws § 418.101   Cited 392 times   2 Legal Analyses

    This act shall be known and may be cited as the "worker's disability compensation act of 1969". MCL 418.101 1969, Act 317, Eff. 12/31/1969 ;--Am. 1975, Act 279, Eff. 3/31/1976 .

  19. Section 500.2006 - Payment of benefits on timely basis; payment of interest in alternative; failure to pay claims or interest as unfair trade practice; liability for claim pursuant to judgment; proof of loss; inability to pay claim; interest requirements; failure of reinsurer to pay benefits on timely basis; effect of inconsistency with certain acts; exceptions; processing and payment procedures; notices; payment of 1 or more services listed on claim; violations; fines; definitions; section applicable to nonprofit dental care corporation

    Mich. Comp. Laws § 500.2006   Cited 249 times   5 Legal Analyses
    Excluding certain "health plans" from subsection

  20. Section 418.861 - Findings of fact conclusive; questions of law

    Mich. Comp. Laws § 418.861   Cited 221 times

    The findings of fact made by the board acting within its powers, in the absence of fraud, shall be conclusive. The court of appeals and the supreme court shall have power to review questions of law involved in any final order of the board, if application is made by the aggrieved party within 30 days after such order by any method permissible under the rules of the courts of the laws of this state. MCL 418.861 1969, Act 317, Eff. 12/31/1969 .