In Re Sumitomo Copper Litigation’s Empirical Analysis

Citation profile

1 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n cases in which the plaintiff claims that the mails or wires were simply used in furtherance of a master plan to defraud, the communications need not have contained false or misleading information themselves ... In such cases, a detailed description of the underlying scheme and the connection therewith of the mail and/or wire communications, is sufficient to satisfy Rule 9(b).”

   5 later decisions quote this exact passage
   e.g. Negron v. Cigna Health & Life Ins. & Optumrx, Inc. · In Re Sumitomo Copper Litigation

2. “In complex civil RICO actions involving multiple defendants ... Rule 9(b) does not require that the temporal geographic particulars of each mailing or wire transmission made in furtherance of the fraudulent scheme be stated with particularity. In such cases, Rule 9(b) requires only that the plaintiff delineate, with adequate particularity in the body of the complaint, the specific circumstances constituting the overall fraudulent scheme.”

   2 later decisions quote this exact passage
   e.g. Bd. of Managers of Trump Tower at City Ctr. Condo. v. Palazzolo · 311 F. Supp. 2d 344 - Wood v. INCORPORATED VILLAGE OF PATCHOGUE OF NY

3. “The [pjlaintiffs in this case do not allege that the letters and/or wire transmissions themselves contained misrepresentations. Rather, the [plaintiffs argue that the communications are part of an ongoing scheme by the [defendants to defraud them. The [p]laintiffs describe with the required amount of particularity the details of the racketeering scheme: they describe in detail how the [defendants allegedly forged leases in each [p]laintiff s name; how the [defendants made electronic deductions from the bank accounts of [certain plaintiffs]; how the [defendants then called and/or mailed letters to each [p]laintiff demanding payment on the leases and threatening litigation if the [p]laintiffs refused to pay; how the [defendants initiated litigation in New York City Civil Court against [certain Plaintiffs]; how these [plaintiffs personally appeared and defended these allegedly meritless lawsuits; and how the [defendants allegedly made adverse entries in all of the [plaintiffs’ personal credit reports. The general allegations of mail fraud in ... the [complaint], when read in the context of the specific allegations the [p]laintiffs ma[d]e earlier in the [complaint], are sufficient to adequately plead mail fraud. Moreover, it is also unnecessary for the [p]laintiffs to allege that each of the individual [defendants personally committed at least two of the predicate acts of mail and/or wire fraud. It is sufficient that the [plaintiffs allege that the individuals committed the predi”

   1 later decision quote this exact passage
   e.g. Angermeir v. Cohen