§Why CasetextPricing

Walters Land And Livestock Llc v. Perdue Agribusiness Llc

MOTION to Dismiss Amended Third-Party Complaint, MOTION to Dismiss for Failure to State a Claim

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 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 268,776 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. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,637 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 2,723 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  5. Odom v. Microsoft Corp.

    486 F.3d 541 (9th Cir. 2007)   Cited 855 times
    Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations

  6. Eclectic Properties East, LLC v. Marcus & Millichap Co.

    751 F.3d 990 (9th Cir. 2014)   Cited 457 times   1 Legal Analyses
    Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."

  7. Grimmett v. Brown

    75 F.3d 506 (9th Cir. 1996)   Cited 362 times   1 Legal Analyses
    Holding “error to equate” a situation where “the injury is speculative because it is not known whether it will occur at all” to a situation where “the injury has occurred and is known, but it is speculative whether the damages might be reduced or even eliminated by alternative recovery efforts”

  8. Miranda v. Ponce Federal Bank

    948 F.2d 41 (1st Cir. 1991)   Cited 300 times
    Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act

  9. Wagh v. Metris Direct, Inc.

    348 F.3d 1102 (9th Cir. 2003)   Cited 208 times
    Holding that heightened pleading standards of Fed.R.Civ.P. 9(b) apply to fraud elements of RICO claim

  10. Riverwoods Chappaqua v. Marine Midland Bank

    30 F.3d 339 (2d Cir. 1994)   Cited 261 times
    Holding that an appellate court can affirm a district court's order "on any basis for which there is a record sufficient to permit conclusions of law, including grounds upon which the district court did not rely"

  11. 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 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,109 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  14. Section 2314 - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting

    18 U.S.C. § 2314   Cited 3,067 times   22 Legal Analyses
    Criminalizing the transportation, transmission, or transfer of goods "in interstate or foreign commerce"

  15. Section 659 - Interstate or foreign shipments by carrier; State prosecutions

    18 U.S.C. § 659   Cited 936 times   3 Legal Analyses
    Concerning goods stolen from interstate shipments

  16. Section 2315 - Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

    18 U.S.C. § 2315   Cited 608 times   2 Legal Analyses
    Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders

  17. Section 9A.56.020 - Theft-Definition, defense

    Wash. Rev. Code § 9A.56.020   Cited 466 times
    Defining "theft"

  18. Section 9A.56.030 - Theft in the first degree

    Wash. Rev. Code § 9A.56.030   Cited 247 times
    Setting out "theft in the first degree — other than firearm or motor vehicle"

  19. Section 9A.82.050 - Trafficking in stolen property in the first degree

    Wash. Rev. Code § 9A.82.050   Cited 111 times

    (1) A person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the theft of property for sale to others, or who knowingly traffics in stolen property, is guilty of trafficking in stolen property in the first degree. (2) Trafficking in stolen property in the first degree is a class B felony. RCW 9A.82.050 2003 c 53 § 86; 2001 c 222 § 8. Prior: 1984 c 270 § 5. Intent-Effective date-2003 c 53: See notes following RCW 2.48.180. Purpose-Effective date-2001 c 222: See