§Why CasetextPricing

Roco et al v. Star One Staffing International Inc et al

RESPONSE to Motion re First MOTION to Dismiss Plaintiffs' Claim Under Racketeer Influenced and Corrupt Organizations Act, 18 USC sec. 1962

32 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,523 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,719 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  3. 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

  4. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 919 times   3 Legal Analyses
    Holding discovery rule inapplicable to § 2462 limitations period

  5. Electrical Workers v. Robbins Myers, Inc.

    429 U.S. 229 (1976)   Cited 412 times   2 Legal Analyses
    Holding that the filing deadline is not tolled during the pendency of grievance or arbitration procedures

  6. Handeen v. Lemaire

    112 F.3d 1339 (8th Cir. 1997)   Cited 333 times
    Holding that a plaintiff had adequately pleaded that a bankruptcy estate had an ascertainable structure because, absent the alleged unlawful activity, it "would still have continued as a vehicle" for legitimate purposes

  7. Corley v. Rosewood Care Ctr., Inc., Peoria

    142 F.3d 1041 (7th Cir. 1998)   Cited 303 times
    Holding that conditional payment "does not moot the appeal because the appellate court can fashion effective relief . . . by ordering that the sum paid . . . be returned"

  8. U.S. v. Darden

    70 F.3d 1507 (8th Cir. 1995)   Cited 309 times
    Holding that the trial court's decision to allow a strike on the basis of several racially neutral reasons, despite one reason that was not racially neutral, was equivalent to a finding that the prosecutor would have exercised the strike even without the one non-racially neutral motive

  9. Morgan v. Bank of Waukegan

    804 F.2d 970 (7th Cir. 1986)   Cited 335 times
    Finding "a period of nearly four years" sufficient in light of distinct predicate acts

  10. Hafley v. Lohman

    90 F.3d 264 (8th Cir. 1996)   Cited 245 times
    Holding that retaliatory discharge is a clearly established First Amendment violation

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,358 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1962 - Prohibited activities

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

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,962 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,413 times   104 Legal Analyses
    Relating to mail fraud

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

    18 U.S.C. § 1343   Cited 11,972 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  16. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,473 times   227 Legal Analyses
    Establishing overtime rules

  17. Section 1964 - Civil remedies

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

  18. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,263 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

  19. Section 1546 - Fraud and misuse of visas, permits, and other documents

    18 U.S.C. § 1546   Cited 1,239 times   15 Legal Analyses
    Penalizing false statement in immigration documents

  20. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  21. Section 655.0 - Scope and purpose of part

    20 C.F.R. § 655.0   Cited 32 times
    Providing that the 2015 Rule "shall be construed to effectuate the purpose of the INA that U.S. workers rather than aliens be employed wherever possible"