Federal Case

How courts have described this case

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

• stating the distinctiveness requirement is satisfied with allegations of \conduct by officers or employees who operate or manage a corporate enterprise\
• accepting facts drawn from Complaint and RICO Case Statement as true in considering motion to dismiss
• clarifying the distinctiveness requirement and holding that, when officers and employees of a legitimate corporation operate and manage the otherwise legitimate corporation through a pattern of racketeering activity, RICO’s distinctiveness requirement is fulfilled
• RICO’s person/enterprise distinction can be satisfied by pleading corporate officer as \person” and corporation as \enterprise”
• plaintiff cannot recover against corporate enterprise merely because officer uses it to engage in racketeering
• “[A] corporation would be liable under § 1962(c), only if it engages in racketeering activity as a ‘person’ in another distinct ‘enterprise,’ since only ‘persons’ are liable for violating § 1962(c).”

Source: CourtListener parenthetical corpus (CC0).