§Why CasetextPricing

Smalley et al v. Shapiro & Burson, LLP et al

RESPONSE in Opposition re MOTION to Dismiss for Failure to State a Claim

83 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,203 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,949 times   367 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' "

  3. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,723 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  4. Republican Party of North Carolina v. Martin

    980 F.2d 943 (4th Cir. 1992)   Cited 4,223 times
    Holding that Fourteenth Amendment challenge to system by Republican Party is justiciable

  5. Raytheon Co. v. CVD, Inc.

    475 U.S. 1016 (1986)   Cited 333 times
    Finding no First Amendment right of freedom of association for prisoners to have physical association

  6. Kilduff v. Adams, Inc.

    219 Conn. 314 (Conn. 1991)   Cited 304 times
    Holding that "where . . . an agent or officer commits or participates in the commission of a tort, whether or not he acts on behalf of his principal or corporation, he is liable to third persons injured thereby"

  7. United States v. Thevis

    665 F.2d 616 (5th Cir. 1982)   Cited 345 times   1 Legal Analyses
    Holding that a group of individuals associated in fact with corporations constitutes an enterprise

  8. United States v. Elliott

    571 F.2d 880 (5th Cir. 1978)   Cited 357 times
    Holding that the government may introduce evidence of other acts committed by conspirators during the life of the conspiracy

  9. United States v. Kopituk

    690 F.2d 1289 (11th Cir. 1982)   Cited 240 times
    Holding that joinder of tax offenses was proper where the tax offenses concealed illegal payoffs

  10. United States v. Neapolitan

    791 F.2d 489 (7th Cir. 1986)   Cited 195 times   1 Legal Analyses
    Holding that RICO conspiracy liability is broad enough "to encompass those persons who while intimately involved in the conspiracy, neither agreed to personally commit nor actually participated in the commission of the predicate" offenses

  11. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,931 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  12. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,961 times   60 Legal Analyses
    Specifying prohibited activities

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,992 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,447 times   104 Legal Analyses
    Relating to mail fraud

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

    18 U.S.C. § 1343   Cited 12,060 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  16. Section 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 11,676 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

  17. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,353 times   142 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  18. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 4,948 times   60 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

  19. Section 2251 - Sexual exploitation of children

    18 U.S.C. § 2251   Cited 4,690 times   40 Legal Analyses
    Relating to child pornography

  20. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,376 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "