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
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
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,701 times 8 Legal AnalysesHolding 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
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
Shields v. Citytrust Bancorp, Inc.
25 F.3d 1124 (2d Cir. 1994) Cited 1,872 times 5 Legal AnalysesHolding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"
Burch v. Pioneer Credit Recovery
551 F.3d 122 (2d Cir. 2008) Cited 746 timesFinding company that provided collection services for three federal agencies was not an agency of the United States government for purposes of the Privacy Act
Sekhar v. United States
570 U.S. 729 (2013) Cited 170 times 5 Legal AnalysesHolding "property" does not include coercing someone to recommend an investment
Wright v. Ernst & Young LLP
152 F.3d 169 (2d Cir. 1998) Cited 661 times 10 Legal AnalysesHolding a party may not amend its complaint by advancing a new theory of liability for the first time in its opposition to a motion to dismiss
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
DiVittorio v. Equidyne Extractive Industries
822 F.2d 1242 (2d Cir. 1987) Cited 836 times 1 Legal AnalysesHolding that where "plaintiff's counsel declared his intention to stand on the allegations of his complaint," plaintiff "irrevocably waived the option offered by the district court further to amend his complaint"
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,244 times 72 Legal AnalysesDefining what the terms “person” and “enterprise” include
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