Legal Opinion

Bascuñán v. Elsaca

Court of Appeals for the Second Circuit

Decided June 13, 2019No. Docket 18-2731; August Term 2018PublishedCited by 23 opinions

1Opinion of the Court

WESLEY, Circuit Judge:

This is the second time we have been asked to decide whether Jorge Yarur Bascuñán and affiliated parties (collectively, "Bascuñán") can sue his cousin Daniel Yarur Elsaca and affiliated parties (collectively, "Elsaca") under civil provisions of the Racketeer Influenced and Corrupt Organizations Act of 1970 ("RICO") for their role in an alleged network of transnational fraudulent schemes. The first time this case was before us, we reversed an order of the United States District Court for the Southern District of New York (Daniels, J. ) 1 dismissing Bascuñán's claims as…

2Cases cited23 opinions

  1. Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
  2. Skilling v. United StatesSupreme Court of the United States · 2010
  3. Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
  4. RJR Nabisco, Inc. v. European Cmty.Supreme Court of the United States · 2016
  5. Badders v. United StatesSupreme Court of the United States · 1916

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3Cited by23 opinions

  1. United States v. Napout Et. AnoCourt of Appeals for the Second Circuit · 2020
  2. United States v. McLellanCourt of Appeals for the First Circuit · 2020
  3. United States v. Sushovan HussainCourt of Appeals for the Ninth Circuit · 2020
  4. ASI, Inc. v. Aquawood, LLCDistrict Court, D. Minnesota · 2020
  5. Awad v. OmarDistrict Court, S.D. New York · 2019

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