69 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,783 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Neder v. United States
527 U.S. 1 (1999) Cited 4,967 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,418 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 851 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
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
Cleveland v. United States
531 U.S. 12 (2000) Cited 378 times 28 Legal Analyses
Holding that § 1341 does not reach schemes to make false statements on a state license application, in part based on reluctance to "approve a sweeping expansion of federal criminal jurisdiction in the absence of a clear statement by Congress"
Pasquantino v. U.S.
544 U.S. 349 (2005) Cited 272 times 5 Legal Analyses
Holding that "[v]aluable entitlement" to be paid taxes is property
Vicom v. Harbridge Merchant Services, Inc.
20 F.3d 771 (7th Cir. 1994) Cited 1,211 times
Holding that 199-page, 385-paragraph complaint "violated the letter and spirit of Rule 8"
Williams v. WMX Technologies, Inc.
112 F.3d 175 (5th Cir. 1997) Cited 1,038 times
Holding Rule 9(b) requires a plaintiff plead 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 348,148 times 927 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 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,946 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,989 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,440 times 104 Legal Analyses
Relating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,036 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,108 times 42 Legal Analyses
Granting civil remedies for RICO violation
Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity
18 U.S.C. § 1957 Cited 3,289 times 41 Legal Analyses
Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,270 times 42 Legal Analyses
Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
Section 815 ILCS 505/1
815 ILCS 505/1 Cited 2,177 times 14 Legal Analyses
Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

Vulcan Golf, LLC et al v. Google Inc. et al

69 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

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 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 § 1341 does not reach schemes to make false statements on a state license application, in part based on reluctance to "approve a sweeping expansion of federal criminal jurisdiction in the absence of a clear statement by Congress"

Holding that "[v]aluable entitlement" to be paid taxes is property

Holding that 199-page, 385-paragraph complaint "violated the letter and spirit of Rule 8"

Holding Rule 9(b) requires a plaintiff plead 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

Requiring that fraud be pleaded with particularity

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

Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"