Bernstein v. Misk

How courts have described this case

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

• predicate act of mail fraud not sufficiently pleaded where the plaintiffs’ allegations “are wholly barren of any reference to use of the mails.”
• “Because the complaint does not delineate any of the specifics regarding the defendants’ use of the mails, there can be no predicate act of mail fraud.”
• “When the predicate acts of a civil RICO claim are grounded in fraud, the concerns associated with pleading fraud with particularity take on even greater importance.”
• no civil RICO claim based upon alleged acts of mail and wire fraud committed in connection with an isolated real estate venture which had been terminated
• “[W]here all parties are New York residents, all telephone calls are presumed to be intrastate and, absent any indications otherwise, the predicate act of wire fraud is not stated.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).