Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639

How later courts describe this case

• holding that defendant must “exercise[ ] significant control over or within an enterprise,” such as by participat[ing] in directing the enterprise toward its ... goals or participating] in exercising control over an enterprise so as to reset its goals”
• "Section 1962(c) nowhere requires proof regarding the advancement of the enterprise's affairs by the defendant's activities or proof that the enterprise itself is corrupt...."
• court did not consider allegations against two defendants who had been left out of amended complaint
• predicate acts of fraud extending over eight months not continuous where there was no threat of repeated criminal conduct
• “[t]he party who sues the United States bears the burden of pointing to ... an unequivocal waiver of immunity”
• “under § 1962(b), a plaintiff must allege a specific nexus between control of a named enterprise and the alleged racketeering activity”
• party moving for dismissal under Rule 12(b)(6) bears the burden of persuasion
• the “3-year limit is a period of repose inconsistent with tolling”