Legal Opinion
Mary E. Elliott and M.E. Elliott, Inc. v. Plato Foufas, Individually and D/B/A Plato Foufas & Co.
Court of Appeals for the Fifth Circuit
Decided March 15, 1989No. 87-3653PublishedCited by 247 opinions
1Opinion of the Court
CLARK, Chief Judge:
Mary Elliott appeals the dismissal by the district court of her claims pursuant to Fed.R.Civ.P. 12(b)(6) and the accompanying dismissal of pendent state law claims for lack of jurisdiction. This action is bottomed in contract claims for real estate commissions cast as violations of the Racketeering Influenced and Corrupt Organizations Act (RICO). Because Elliott failed to plead necessary predicate acts, the existence of an enterprise, and other claims with the required specificity, we affirm.
Facts
Our review of this Rule 12(b)(6) dismissal accepts the facts as alleged in the…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- United States v. BledsoeCourt of Appeals for the Eighth Circuit · 1982
- Kathy L. Joiner, Etc. v. Diamond M Drilling Co. And Halliburton Company, and Third-Party v. Dr. C. Babson Fresh, Third-PartyCourt of Appeals for the Third Circuit · 1982
- John Montesano v. Seafirst Commercial Corp.Court of Appeals for the First Circuit · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by247 opinions
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Alioto v. Town of LisbonCourt of Appeals for the Seventh Circuit · 2011
- Robert J. Guidry v. Bank of Laplace, Etc.Court of Appeals for the Fifth Circuit · 1992
- Tel-Phonic Services, Inc., William Kirk, and John Bowen v. Tbs International, Inc. A/K/A Dy-Con, International, Inc. And the Dispatch Printing CompanyCourt of Appeals for the Fifth Circuit · 1992
- Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. HuttingerCourt of Appeals for the Fifth Circuit · 1990
242 more not listed; retrieve them via the Exa API.