· 7/20/1994
Riverwoods Chappaqua Corp. And Harvey Shapiro v. Marine Midland Bank, N.A.
Citations
- 30 F.3d 339
- 40 Fed. R. Serv. 1431
- 1994 U.S. App. LEXIS 17995
- 1994 WL 378123
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a group allegedly consisting of a corporation and two of its employees could not \conduct\ the corporation itself as the RICO enterprise
- noting that “the person and the enterprise referred to must be distinct” to satisfy Section 1962
- noting that “the person and the enterprise referred to must be distinct” to satisfy Section 1962
- noting that the distinctness requirement “does not foreclose the possibility of a corporate entity being held liable as a defendant under section 1962(c) where it associates with others to form an enterprise that is sufficiently distinct from itself”
- dismissing RICO claim where alleged associated-in-fact enterprise merely carried on the business of one of the entities allegedly comprising the association-in-fact
- noting requirement of due diligence where plaintiff relies on fraudulent concealment to toll RICO limitations period
Source: CourtListener parenthetical corpus (CC0).
Judges: Timbers, Miner, McLaughlin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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