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· 9/22/2005

Whitmore's Automotive Services, Inc. v. Lake County

Citations

  • 424 F.3d 659
  • 2005 U.S. App. LEXIS 20296

How courts have described this case

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

  • noting that courts have found closed periods of several months to several years not substantial enough to satisfy continuity
  • noting that court of appeals “has not hesitated to find that closed periods of several months or several years did not qualify as ‘substantial’ enough to satisfy continuity”
  • affirming summary judgment and dismissing the plaintiffs’ RICO claim because of a lack of continuity, even though the defendants’ predicate activity lasted for approximately two years
  • explaining that, in this analysis, “[n]o one factor is dispositive”
  • stating “the victims of the defendants’ activities were confined to a small group — the dozen or so approved towers from 1997 to 1999 — which does not help [plaintifQ’s case for continuity.”
  • under section 1988, prevailing defendant entitled to fees only when plaintiff’s suit was “frivolous, unreasonable, or groundless”

Source: CourtListener parenthetical corpus (CC0).

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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.