Reiter's Beer Distributors, Inc. v. Christian Schmidt Brewing Co.
District Court, E.D. New York
1Opinion of the Court
McLAUGHLIN, District Judge.
Plaintiff’s motion to amend its complaint was referred to United States Magistrate Carol Bagley Amon. I have carefully reviewed her Report and Recommendation (“R & R”) and the objections thereto, and it is hereby adopted as the Opinion of the Court in all respects except one.
The Magistrate recommended that plaintiff not be permitted to amend the complaint to add a RICO claim, see 18 U.S.C. § 1962(c). In doing so she noted that the mail fraud predicate acts were not pleaded with the particularity required under Fed. R.Civ.P. 9(b), and that the complaint was deficient…
2Cases cited49 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- Copperweld Corp. v. Independence Tube Corp.Supreme Court of the United States · 1984
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3Cited by27 opinions
- Fariello v. CampbellDistrict Court, E.D. New York · 1994
- Mathon v. Marine Midland Bank, N.A.District Court, E.D. New York · 1995
- First City National Bank & Trust Co. v. Federal Deposit InsuranceDistrict Court, E.D. New York · 1990
- Protter v. Nathan's Famous Systems, Inc.District Court, E.D. New York · 1995
- Sterling v. Interlake Industries Inc.District Court, E.D. New York · 1994
22 more not listed; retrieve them via the Exa API.