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· 5/7/1997

Paul Handeen v. Gregory A. Lemaire Henry Lemaire Patricia Lemaire, Orlins & Brainerd Law Firm Richard K. Brainerd Peter I. Orlins

Citations

  • 112 F.3d 1339
  • 1997 U.S. App. LEXIS 10079
  • 1997 WL 225122

How courts have described this case

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

  • holding that summary judgment may be affirmed where plaintiff&s factual allegations, though unchallenged, fail to state claim for relief
  • stating that attorneys who go beyond providing services and actively participate in the operation or management of a RICO enterprise may be liable under § 1962(c)
  • observing that, “unless the repayment plan or bankruptcy court provides otherwise, the debtor retains custody of his possessions” (emphasis added)
  • observing that- -“an attorney ... does not conduct an enterprise’s affairs [by providing] run-of-the-mill ... professional services”
  • finding that three years of racketeering activity “was pervasive and is more than sufficient to demonstrate closed-ended continuity”
  • “Furnishing a client with ordinary professional assistance, even when the client happens to be a RICO enterprise, will not normally rise to the level of participation sufficient to satisfy the Supreme Court’s pronouncements in Reves.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Gibson

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.