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Worldwide Directories, S.A. De C.V. et al v. Yahoo! Inc. et al

MEMORANDUM & ORDER granting 59 Motion to Dismiss; granting 64 Motion to Dismiss. The motions to dismiss the amended complaint are granted. The RICO claim under 18 U.S.C. § 1962

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 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 266,625 times   365 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,680 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"

  4. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,622 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

  5. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,458 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  6. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,874 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  7. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 2,775 times   1 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  8. Kassner v. 2nd Avenue Delicatessen Inc.

    496 F.3d 229 (2d Cir. 2007)   Cited 1,635 times   3 Legal Analyses
    Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

  9. Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC

    797 F.3d 160 (2d Cir. 2015)   Cited 977 times   4 Legal Analyses
    Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

  10. Scheidler v. National Organization for Women, Inc.

    537 U.S. 393 (2003)   Cited 387 times   5 Legal Analyses
    Holding that liability for extortion under RICO, which prohibits an "act or threat involving ... extortion ... which is chargeable under State law," did not depend on conduct that violated a state statute expressly prohibiting "extortion," but, instead, need only violate a statute "capable of being generically classified as extortionate."

  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 345,885 times   922 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,205 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,771 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,876 times   60 Legal Analyses
    Specifying prohibited activities

  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,951 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  17. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,403 times   104 Legal Analyses
    Relating to mail fraud

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

    18 U.S.C. § 1343   Cited 11,947 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

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

    18 U.S.C. § 1951   Cited 11,573 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 ”

  20. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,260 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law