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Rozhetskin v. Reiman

MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss.. Document

113 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,933 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,269 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,685 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

  4. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,752 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  5. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,496 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  6. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,701 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

  7. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 876 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

  8. Gomez v. USAA Federal Savings Bank

    171 F.3d 794 (2d Cir. 1999)   Cited 2,114 times
    Holding sua sponte dismissal to be appropriate only when extraordinary circumstances favor allowing the question to be raised on the court's own motion

  9. Sira v. Morton

    380 F.3d 57 (2d Cir. 2004)   Cited 1,239 times
    Holding that a denial of qualified immunity on the law "is collateral to the merits of the underlying action and is, therefore, considered final for appellate purposes"

  10. Pereira v. United States

    347 U.S. 1 (1954)   Cited 1,333 times   1 Legal Analyses
    Holding that since the fraudulently obtained checks had to be sent to an out-of-state bank for collection, the petitioner was guilty of violating § 2314 because he "`caused' [the check] to be transported in interstate commerce"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,136 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,777 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 16,275 times   61 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,229 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,239 times   43 Legal Analyses
    Granting civil remedies for RICO violation

  17. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,366 times   6 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"

  18. Rule 44.1 - Determining Foreign Law

    Fed. R. Civ. P. 44.1   Cited 1,232 times   23 Legal Analyses
    Noting the court's determination of foreign law is treated as a question of law

  19. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 761 times   2 Legal Analyses
    Providing for special RICO venue

  20. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 398 times   4 Legal Analyses

    A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding