Legal Opinion
Miller v. Yokohama Tire Corp.
Court of Appeals for the Ninth Circuit
Decided January 12, 2004No. 02-56722PublishedCited by 277 opinions
1Opinion of the Court
McKEOWN, Circuit Judge.
This case involves an effort to transform a California state law wage and hour claim into a federal RICO claim under 18 U.S.C. § 1962(c) and (d). Christopher Miller alleges that he is a victim of a mail fraud scheme by Yokohama Tire Corporation and its managers, who misrepresented his entitlement to overtime pay and consequently underpaid him. The district court dismissed Miller’s RICO claims under Federal Rule of Civil Procedure 12(b)(6), without leave to amend, and remanded to state court his remaining state law claims. Because Miller’s complaint, as a matter of law,…
2Cases cited15 opinions
- Neder v. United StatesSupreme Court of the United States · 1999
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. StackCourt of Appeals for the Ninth Circuit · 2003
- Rafael Chodos, an Individual v. West Publishing Company, Inc., a Minnesota Corporation Doing Business in California Dba Bancroft-Whitney CompanyCourt of Appeals for the Ninth Circuit · 2002
- Raisa R. Mayes v. David A. Leipziger and Levy, Leipziger & NormintonCourt of Appeals for the Ninth Circuit · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by277 opinions
- Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013
- Sosa v. DIRECTV, Inc.Court of Appeals for the Ninth Circuit · 2006
- Avalos v. BacaCourt of Appeals for the Ninth Circuit · 2010
- P. Victor Gonzalez v. Planned Parenthood of LaCourt of Appeals for the Ninth Circuit · 2014
- Wecosign, Inc. v. IFG Holdings, Inc.District Court, C.D. California · 2012
272 more not listed; retrieve them via the Exa API.