Legal Opinion
Schwartz v. the Upper Deck Co.
District Court, S.D. California
Decided March 11, 1997No. Civ. 96-3408-B (AJB)PublishedCited by 10 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND
BREWSTER, District Judge.
I.CASE TYPE AND JURISDICTION
This is a civil RICO class action against the manufacturer and marketer of packaged sports and entertainment trading cards for allegedly organizing and participating in a pattern of racketeering activity through the distribution of its trading cards. This Court has jurisdiction based on 28 U.S.C. § 1331 and 18 U.S.C. § 1964(c). The defendant filed a 12(b)(6) motion to dismiss for failure to state a claim upon which relief may be granted.
II.BACKGROUND
A. The Parties
Defendant, The Upper Deck…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
- Nl Industries, Inc. v. Stuart M. KaplanCourt of Appeals for the Ninth Circuit · 1986
- Ruth E. Oscar Charles Spinosa v. University Students Co-Operative Association George ProperCourt of Appeals for the Ninth Circuit · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Steven Price, Bruce Laxer, Lance Kuba, and Jeffrey Fishman, on Behalf of Themselves and All Other Similarly Situated Persons v. Pinnacle Brands, Inc.Court of Appeals for the Fifth Circuit · 1998
- Schwartz v. Upper Deck Co.District Court, S.D. California · 1999
- Perfect 10, Inc. v. Cybernet Ventures, Inc.District Court, C.D. California · 2001
- Major League Baseball Properties, Inc. v. PriceDistrict Court, E.D. New York · 2000
- Schwartz v. Upper Deck Co.District Court, S.D. California · 1997
5 more not listed; retrieve them via the Exa API.