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· 10/7/2016

Portfolio Recovery Associates, LLC v. Fiumano

Citations

  • 143 A.D.3d 1294
  • 38 N.Y.S.3d 507

How courts have described this case

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

  • requiring RICO plaintiffs to show \some direct relation between the injury asserted and the injurious conduct alleged\
  • referring to a secondary source for the proposition that the Eighth Circuit has not addressed the question
  • requiring RICO plaintiffs to show “some direct relation between the injury asserted and the injurious conduct alleged”
  • “To successfully plead a RICO claim under § 1962(b), a plaintiff must indeed allege distinct damages arising from the acquisition or maintenance of control of the enterprise.”
  • “[A]t this early pleading stage,” Virginia’s allegations also “suffice to support her claim that each defendant participated in the 12 operation or management of the Estate as enterprise, in violation of 1962(c).”
  • “These expenses were incurred in an attempt to protect both the Estate and [plaintiff’s] share of that Estate, and, for purposes of our causation inquiry here, the two are reasonably treated as indivisible.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Whalen, Centra, Nemoyer, Troutman, Scudder

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.