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· 4/18/1927

Delpit v. United States Shipping Board Emergency Fleet Corp.

Citations

  • 19 F.2d 60
  • 1927 U.S. App. LEXIS 2180
  • 1927 A.M.C. 829

How courts have described this case

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

  • holding plaintiff could not establish a RICO claim because he was not target of bribery scheme; targets were defendant's commercial rivals; plaintiff's reputation and business were injured by fallout from scheme's exposure
  • upholding dismissal for failure to state a claim where plaintiff was not injured by the scheme itself but rather “by the fallout from the scheme’s exposure”
  • reframing the standing inquiry to focus on whether the plaintiff was in the category the statute intended to protect, and whether the harm that occurred was the mischief the statute sought to avoid
  • “Abraham’s failure to establish a RICO claim stems from the fact that he was not the ‘target of the racketeering enterprise.’ ”
  • preeminent concern for RICO standing purposes is whether the plaintiff was “within the class the statute sought to protect and [whether] the harm done was one that the statute was meant to prevent”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rudkin

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.