· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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