Winer v. Patterson’s Empirical Analysis
1987
Citation profile
2 federal appellate · 3 district ·
Relationships
Applies 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Sedima Sprl v. Imrex Company Inc · Roeder v. Alpha Industries, Inc. · Morgan v. Bank of Waukegan · Superior Oil Co. v. Fulmer · Miley v. Oppenheimer & Co.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As many commentators have pointed out, the definition of a “pattern of racketeering activity” differs from the other provisions in Section 1961 in that it states a pattern “requires at least two acts of racketeering activity,” Section 1961(5), not that it “means” two such acts. The implication is that while two acts are necessary, they may not be sufficient. Indeed, in common parlance two of anything do not generally form a “pattern.””
1 later decision quote this exact passage“[The factors] are: (1) the number of independent victims of the alleged activity; (2) the number of participants in the alleged crime; (3) the purpose of the activity; (4) the result of the activity; (5) the method of commission; (6) the number of transactions; (7) whether the scheme is ongoing and open ended; and (8) the duration of the activity.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.