Legal Opinion
Kim v. Kimm
Court of Appeals for the Second Circuit
Decided February 27, 2018No. Docket Nos. 16-2944; 16-3115; August Term, 2017PublishedCited by 471 opinions
1Opinion of the Court
Sack, Circuit Judge:
*100The plaintiff Daniel Kim brings this action pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, et seq. , alleging that the defendants engaged in a scheme to fraudulently bring suit against him for, inter alia , trademark infringement. The defendants moved to dismiss the action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), arguing that their prior acts, as part of litigation they brought against the plaintiff, do not constitute predicate acts for purposes of RICO. Kim subsequently moved to disqualify…
2Cases cited23 opinions
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- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
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3Cited by471 opinions
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- Rossbach v. Montefiore Medical CenterCourt of Appeals for the Second Circuit · 2023
- Doe v. Trump Corp.District Court, S.D. Illinois · 2019
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