Legal Opinion

Lerner v. Fleet Bank, N.A.

Court of Appeals for the Second Circuit

Decided January 22, 2003No. Docket No. 01-7755PublishedCited by 253 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

The creative pleading in the instant cases serves as a reminder why the Racketeer Influenced and Corrupt Organizations Act’s (“RICO”) treble damages provisions are not available to remedy every possible injury that can, with some ingenuity, be attributed to a defendant’s injurious conduct. Plaintiffs appeal from a judgment of the United States District Court for the Eastern District of New York (Block, J.) dismissing two companion actions, Lerner v. Fleet Bank, N.A., No. 98 CV 7778 (“Lerner ”), and Bayroff v. Fleet Bank, N.A., No. 98 CV 7779 {“Bayroff”), for lack of…

2Cases cited38 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Allen v. WrightSupreme Court of the United States · 1984

33 more not listed; retrieve them via the Exa API.

3Cited by253 opinions

  1. Denney v. Deutsche Bank AGCourt of Appeals for the Second Circuit · 2006
  2. Rothstein v. UBS AGCourt of Appeals for the Second Circuit · 2013
  3. Motorola Credit Corp. v. UzanCourt of Appeals for the Second Circuit · 2004
  4. American Psychiatric Ass'n v. Anthem Health Plans, Inc.Court of Appeals for the Second Circuit · 2016
  5. OneWest Bank, N.A. v. Robert W. MelinaCourt of Appeals for the Second Circuit · 2016

248 more not listed; retrieve them via the Exa API.

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