Gross v. Waywell’s Empirical Analysis

Citation profile

3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The] pleadings must demonstrate, as to each defendant, that while employed by or associated with an enterprise engaged in interstate or foreign commerce, and through the commission of at least two predicate acts constituting a “pattern of racketeering,” the defendant directly or indirectly conducted or participated in the conduct of the affairs of such enterprise. The specific predicate acts that constitute racketeering activity are defined as the criminal offenses enumerated in the statute ... Plaintiffs must also show that they were injured in their business or property by reason of the alleged RICO violation. To satisfy the “pattern” requirement, the factual allegations must meet two standards: relatedness and continuity. The pleadings must show that the predicate acts asserted are related and amount to or pose a threat of continuing criminal activity.”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. Yeroushalmi

2. “[C]ourts in this Circuit have held repeatedly that allegations of RICO violations involving solely mail and wire fraud or little other variety in the predicate acts, a limited number of participants or victims, [and] a discrete scheme with a narrow purpose or a single property ... are generally insufficient to demonstrate closed-ended continuity ....”

   1 later decision quote this exact passage · from the concurrence
   e.g. RamiroAviles v. S&P Global, Inc.

3. “can be satisfied either by showing a 'closed-ended' pattern-a series of related predicate acts extending over a substantial period of time-or by demonstrating an 'open-ended' pattern of racketeering activity that poses a threat of continuing criminal conduct beyond the period during which the predicate acts were performed.”

   1 later decision quote this exact passage · from the majority
   e.g. Jorge Yarur Bascuñan, Tarascona Corp. v. Daniel Yarur Elsaca, CristiáN Jara Taito, Oscar BretóN Dieguez, GM & E Asset Mgmt. S.A., Fintair Fin. Corp.