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United States Ninth Circuit


Eclectic Properties East, LLC v. Marcus and Millichap Co., 12-16526

The dismissal of an action under the Racketeering Influenced and Corrupt Organizations Act (RICO) is affirmed, where: 1) plaintiffs did not plead facts sufficient under Federal Rules Civil Procedure 8(a) and 9(b) to support a plausible theory of RICO and RICO conspiracy violations in connection with an alleged real estate scheme; and 2) the complaint did not meet the pleading standards required by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal because it did not contain adequate factual allegations to plausibly infer that the defendants specifically intended to defraud, and therefore did not show a plausible entitlement to relief.

Appellate Information

  • Decided 05/07/2014
  • Published 05/07/2014

Judges

  • GOULD

Court

  • United States Ninth Circuit

Counsel

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