· 11/8/1917
Adkins v. Bently
Citations
- 177 Ky. 616
- 197 S.W. 1086
- 1917 Ky. LEXIS 638
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff in RICO case involving fraud failed to state a claim where it merely made allegations of general misconduct by a group of defendants
- noting that the plaintiff’s “mail and wire fraud allegations do not rest upon misrepresentations” but only on the operation of the pyramid scheme, which “as a matter of law, constitutes a scheme to defraud in violation of the mail and wire fraud statutes”
- collecting cases and distinguishing between § 1962(d) conspiracy claims and § 1962(c) substantive claims
- directing plaintiffs to amend their claims “in order to present them in a manner that allows the Court to appropriately evaluate their sufficiency as to each individual Defendant”
- “[I]n order to sufficiently allege that a defendant violated § 1962(c), a plaintiff must allege that that particular defendant committed a pattern of predicate acts.”
- “Plaintiffs must plausibly allege that each Defendant was unjustly enriched at plaintiff’s expense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.