37 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,563 times 364 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' "
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,747 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
H. J. Inc. v. Northwestern Bell Telephone Co.
492 U.S. 229 (1989) Cited 3,616 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
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,220 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."
Boyle v. United States
556 U.S. 938 (2009) Cited 1,130 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."
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,411 times 1 Legal Analyses
Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
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
Lum v. Bank of Am.
361 F.3d 217 (3d Cir. 2004) Cited 2,082 times 1 Legal Analyses
Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"
In re Insurance Brokerage Antitrust Litigation
618 F.3d 300 (3d Cir. 2010) Cited 1,455 times 3 Legal Analyses
Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker
In re Rockefeller Center Properties, Inc.
311 F.3d 198 (3d Cir. 2002) Cited 1,339 times
Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
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 344,659 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,838 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,840 times 59 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,917 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,380 times 102 Legal Analyses
Relating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,897 times 168 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"

Laurel Gardens, Llc et al v. Mckenna et al

37 Cited authorities

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' "

Holding that a district court need not permit a curative amendment if such amendment would be futile

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

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

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."

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

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

Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud

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

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Specifying prohibited activities

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

Relating to mail fraud

Barring fraudulent schemes "for obtaining money or property"