Tel-Phonic Services, Inc., William Kirk, and John Bowen v. Tbs International, Inc. A/K/A Dy-Con, International, Inc. And the Dispatch Printing Company

How courts have described this case

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

• holding that, to state a claim under RICO, alleged acts must pose a threat of continued criminal activity
• holding that, to state a claim under RICO, alleged acts must pose a threat of continued criminal activity
• holding that “[a]t a minimum, Rule 9(b) requires allegations of the particulars of time, place, and contents of the false representations, as well as the identity of the person making the misrepresentation and what he obtained thereby.”
• holding that seven months is insufficient to establish a closed-ended scheme
• holding two predicate acts seven months apart insufficient despite complaint’s three-year timeframe
• noting Rule 9(b) “applies to the pleading of fraud as a predicate act in a RICO claim” but not other elements

Source: CourtListener parenthetical corpus (CC0).