66 Cited authorities

Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,550 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
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
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,665 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
Salinas v. United States
522 U.S. 52 (1997) Cited 1,207 times 11 Legal Analyses
Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
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
Copperweld Corp. v. Independence Tube Corp.
467 U.S. 752 (1984) Cited 1,434 times 29 Legal Analyses
Holding that a parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"
Cedric Kushner Promotions, Ltd. v. King
533 U.S. 158 (2001) Cited 731 times 5 Legal Analyses
Holding person who is a corporate owner or employee is distinct from the corporation itself
D.H. v. Gottdiener
462 F.3d 95 (2d Cir. 2006) Cited 2,502 times 1 Legal Analyses
Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"
McNally v. United States
483 U.S. 350 (1987) Cited 1,100 times 30 Legal Analyses
Holding that the mail fraud statute is "limited in scope to the protection of property rights"
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
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 68,973 times 122 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
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,876 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,951 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,403 times 104 Legal Analyses
Relating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,948 times 170 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,087 times 41 Legal Analyses
Granting civil remedies for RICO violation
Section 15 - Suits by persons injured
15 U.S.C. § 15 Cited 5,672 times 35 Legal Analyses
Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. CPLR 302 Cited 4,204 times 5 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 1965 - Venue and process
18 U.S.C. § 1965 Cited 741 times 1 Legal Analyses
Providing for special RICO venue

Ritchie Capital Management, L.L.C. et al v. Coventry First LLC, et al

66 Cited authorities

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

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 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

Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

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 parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"

Holding person who is a corporate owner or employee is distinct from the corporation itself

Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"

Holding that the mail fraud statute is "limited in scope to the protection of property rights"

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

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

Specifying prohibited activities

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

Relating to mail fraud

Barring fraudulent schemes "for obtaining money or property"

Granting civil remedies for RICO violation

Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Providing for special RICO venue