Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal AnalysesHolding 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
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,518 times 178 Legal AnalysesHolding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
H. J. Inc. v. Northwestern Bell Telephone Co.
492 U.S. 229 (1989) Cited 3,686 times 9 Legal AnalysesHolding 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
United States v. Turkette
452 U.S. 576 (1981) Cited 2,754 times 2 Legal AnalysesHolding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
Salinas v. United States
522 U.S. 52 (1997) Cited 1,236 times 12 Legal AnalysesHolding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 783 times 2 Legal AnalysesHolding 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
First Capital Asset Mgmt. v. Satinwood, Inc.
385 F.3d 159 (2d Cir. 2004) Cited 658 timesHolding that predicate acts over two-and-a-half years did not constitute closed-ended continuity because the complaint "alleged that [defendant] engaged in a single scheme to defraud two creditors by quickly moving his assets to his relatives and then concealing the existence of those assets during his bankruptcy proceeding"
Denney v. Deutsche Bank AG
443 F.3d 253 (2d Cir. 2006) Cited 625 times 9 Legal AnalysesHolding "no class may be certified that contains members lacking Article III standing"
First Nationwide Bank v. Gelt Funding Corp.
27 F.3d 763 (2d Cir. 1994) Cited 678 timesHolding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
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 362,607 times 962 Legal AnalysesGranting 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 164,455 times 197 Legal AnalysesHolding 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 16,292 times 61 Legal AnalysesSpecifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,244 times 72 Legal AnalysesDefining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,710 times 104 Legal AnalysesRelating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,588 times 174 Legal AnalysesBarring fraudulent schemes "for obtaining money or property"
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 12,056 times 51 Legal AnalysesDefining 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 ”
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,333 times 42 Legal AnalysesMaking it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
Section 78dd-1 - Prohibited foreign trade practices by issuers
15 U.S.C. § 78dd-1 Cited 143 times 119 Legal AnalysesMaking it unlawful for any securities issuer or its officer to bribe a foreign official
Section 78dd-2 - Prohibited foreign trade practices by domestic concerns
15 U.S.C. § 78dd-2 Cited 109 times 58 Legal AnalysesDefining “foreign official” as “any officer or employee of a foreign government or any ... instrumentality thereof”