CA10· 12/27/1940
Buttars v. Utah Mortgage Loan Corp.
Citations
- 116 F.2d 622
- 1940 U.S. App. LEXIS 2728
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that health-and-welfare trust funds did not plead injuries proximately caused by RICO violation when the funds’ claimed that defendant’s misrepresentations to smokers caused the funds to incur higher healthcare costs
- noting that the existence of specific intent does not cure a lack of direct injury necessary under RICO
- noting that an allegation of specific intent does not overcome direct injury requirement
- noting that an allegation of specific intent does not overcome direct injury requirement
- noting that “other traditional rules requiring that defendant’s acts were a substantial cause of the injury, and that plaintiffs injury was reasonably foreseeable, are additional elements, not substitutes for alleging (and ultimately, showing) a direct injury”
- dismissing common law tort claims for lack of proximate cause after dismissing RICO claims for lack of standing
Source: CourtListener parenthetical corpus (CC0).
Judges: Bratton, Huxman, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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