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· 5/11/1995

Barry Richards, Karen Richards, Roland Pepin v. Combined Insurance Company of America and Credit Life Insurance Company of Ohio

Citations

  • 55 F.3d 247
  • 1995 U.S. App. LEXIS 10464
  • 1995 WL 274455

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that it is not the task of the reviewing court “to scour the record in search of a genuine issue of triable fact” in determining whether a party opposing summary judgment has met its burden of production under Fed.R.Civ.P. 56(e)
  • “It is well established that the crime of mail fraud does not encompass all the strict requirements of common law fraud.”
  • “It is not our task, or that of the district court, to scour the record in search of a genuine issue of triable fact.”
  • “[R]egular payment in the course of doing business, with no sign of reluctance, certainly does not support the plaintiffs’ theory that the defendants had adopted the business practice of keeping unearned premiums.”
  • “Although the [district] court agreed that the defendants were ‘prey[ing] upon consumers’ inattention ... ’ it nevertheless concluded that RICO was not ‘the proper vehicle to right the wrongs done to Plaintiffs.’ ”
  • “Without ... an intent [to defraud], there can be no mail fraud.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Eschbach, Ripple, Rovner

Read full opinion on CourtListener

Sourced 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.