Opinion · Supreme Court of the United States

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

Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Loc. Union 639, 111 S. Ct. 2839 (1991)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1991-06-17
Topic
general

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” | “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_” | 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”

Citator

Cited by
57 opinions

C. A. D. C. Cir. Certiorari denied. Justice White would grant certiorari.