54 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,952 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"
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,254 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Boyle v. United States
556 U.S. 938 (2009) Cited 1,159 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,124 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,683 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
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,428 times 1 Legal Analyses
Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 774 times 2 Legal Analyses
Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006) Cited 859 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
Owens v. Kaiser Found. Health Plan, Inc.
244 F.3d 708 (9th Cir. 2001) Cited 1,951 times 1 Legal Analyses
Holding that defendant was not estopped from raising untimely res judicata defense
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,093 times 60 Legal Analyses
Specifying prohibited activities
Rule 2 - One Form of Action
Fed. R. Civ. P. 2 Cited 702 times 1 Legal Analyses
Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity

Wimo Labs LLC v. eBay Inc et al

54 Cited authorities

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

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"

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

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

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

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 defendant was not estopped from raising untimely res judicata defense

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Specifying prohibited activities

Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity