Clarence E. Bennett v. Kenneth Berg, Dan R. Sandford, Jr. v. Kenneth Berg

How courts have described this case

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

• noting that Rule 9(b) requires particularity in the “time, place and content of false representations, as well as the identity of the person making the representation”
• holding insufficient the allegation of false statements located within “a ‘pamphlet,’ ‘promotional material,’ or ‘a typical life-care contract’”
• rejecting \racketeering injury\ requirement which is just another way of arguing that no \enterprise\ existed
• rejecting “racketeering injury” requirement which is just another way of arguing that no “enterprise” existed
• dismissing one count of plaintiff's complaint for failing to draw a distinction between the enterprise and the person named as the defendant
• affirming dismissal of count naming identical defendant and enterprise, but permitting amendment on remand

Source: CourtListener parenthetical corpus (CC0).