James Odom v. Microsoft Corporation, a Washington Corporation Best Buy Co., Inc., a Minnesota Corporation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge SILVERMAN; Concurrence by Judge BYBEE.
WILLIAM A. FLETCHER, Circuit Judge:
Putative class action plaintiffs appeal from the dismissal of their suit under Federal Rule of Civil Procedure 12(b)(6) for failure to allege an “associated in fact” “enterprise” under RICO and, in the alternative, under Federal Rule of Civil Procedure 9(b) for failure to plead wire fraud with particularity. The district court dismissed with prejudice and without leave to amend.
We reverse and remand.
I. Background
Named plaintiff James Odom — then the only…
Also in this document: Concurrence.
2Cases cited31 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
- United States v. TurketteSupreme Court of the United States · 1981
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
- In Re Glenfed, Inc. Securities LitigationCourt of Appeals for the Ninth Circuit · 1994
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