· 2/25/2000
Odyssey Re (London) Ltd. v. Stirling Cooke Brown Holdings Ltd.
Citations
- 85 F. Supp. 2d 282
- 2000 U.S. Dist. LEXIS 2085
- 2000 WL 222198
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]o show transaction causation, ... plaintiff must show that it relied on defendant’s omission.”
- suggesting that where plaintiff connects a co-defendant to other co-defendant’s fraudulent misrepresentations, a cause of action for conspiracy to defraud may lie
- noting that an assertion that the co-defendant was aware of the fraudulent representations would support a finding that the plaintiff had adequately alleged conspiracy to defraud
- stating that to state a Section 1962(d) claim, a plaintiff must allege “as to each alleged co-conspirator: (1) an agreement to join the conspiracy; (2) the acts of each co-conspirator in furtherance of the conspiracy; (3) that the co-conspirator knowingly participated in the same.”
- “Rule 9(b) is not satisfied by a complaint in which defendants are clumped together in vague allegations.”
- “Where a complaint does not delineate specifics regarding the defendant’s use of mail or wire, there can be no predicate act of mail or wire fraud.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Buchwald
Read full opinion on CourtListenerSourced 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.