Golembiewski v. Logie

How courts have described this case

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

• noting that even Second Circuit rule does not make a RICO injury unripe based solely on the “mere possibility” of recovery in a state proceeding
• finding that the in pari delicto defense failed when there was evidence that the president and majority owner of the company looted and stole from the company because such acts could not be imputed to the company
• observing that “[t]he conduct test is borrowed from the securities laws”
• finding the “enforceability of judgments to be one important public factor weighing in favor of dismissal
• finding “evidence from which the jury could” conclude that notes corresponded to bank transfers when “the notes were dated to appear close in time to the transfers”
• “The predicate acts alleged here—mail and wire fraud, transportation of converted funds, and money laundering—each require proof of scienter.”

Source: CourtListener parenthetical corpus (CC0).