context: The majority of courts, however, require reliance, a requirement that seems eminently sensible. See, e.g., Chisolm v. TranSouth Finan.
citation_a.signal: no signal
citation_a.identifier: 949 F.Supp. 223, 225
citation_a.parenthetical: "When mail fraud is pled as a RICO predicate act, to establish the required causal connection a plaintiff must show reliance on the defendant's misrepresentations and injuries caused by that reliance."
citation_a.sentence: Corp., 95 F.3d 331, 337 (4th Cir.1996) (holding that in the context of mail and wire fraud, a "plaintiff must have justifiably relied, to his detriment, on the defendant's material misrepresentations”); Central Distributors of Beer, Inc. v. Connecticut, 5 F.3d 181, 184 (6th Cir.1993) ("[Plaintiff] cannot maintain a civil RICO claim against these defendants absent evidence that the defendants made misrepresentations or omissions of material fact to [plaintiff] and evidence that [plaintiff] relied on those misrepresentations or omissions to its detriment.”), cert. denied, 512 U.S. 1207, 114 S.Ct. 2678, 129 L.Ed.2d 812 (1994); Metromedia Co. v. Fugazy, 983 F.2d 350, 368 (2d Cir.1992) (noting that "[i]n the context of an alleged RICO predicate act of mail fraud, we have stated that to establish the required causal connection, the plaintiff was required to demonstrate that the defendant's misrepresentations were relied on[]”), cert. denied, 508 U.S. 952, 113 S.Ct. 2445, 124 L.Ed.2d 662 (1993); Pelletier v. Zweifel, 921 F.2d 1465, 1499-1500 (11th Cir.1991) ("when the alleged predicate act is mail or wire fraud, the plain tiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme.”), cert. denied, 502 U.S. 855, 112 S.Ct. 167, 116 L.Ed.2d 131 (1991); Curatola v. Ruvolo, 949 F.Supp. 223, 225 (S.D.N.Y.1997) (“When mail fraud is pled as a RICO predicate act, to establish the required causal connection a plaintiff must show reliance on the defendant’s misrepresentations and injuries caused by that reliance.”); but see Akin v. QL Investments, Inc., 959 F.2d 521, 533 (5th Cir.1992) ("Plaintiffs' problems of proof with respect to securities fraud do not necessarily haunt their claim of mail fraud [as a RICO predicate act] since reliance is not an element of mail fraud.”); Prudential Ins. Co. of America v. United States Gypsum Co., 828 F.Supp. 287, 294 (D.N.J.1993) ("declining] to read into RICO mail fraud cases a requirement of actual detrimental reasonable reliance”); Sebago, Inc. v. Beazer East, Inc., 18 F.Supp.2d 70, at 82 (D.Mass.l998)(same).
citation_b.signal: but see
citation_b.identifier: 828 F.Supp. 287, 294
citation_b.parenthetical: "declining] to read into RICO mail fraud cases a requirement of actual detrimental reasonable reliance"
citation_b.sentence: Corp., 95 F.3d 331, 337 (4th Cir.1996) (holding that in the context of mail and wire fraud, a "plaintiff must have justifiably relied, to his detriment, on the defendant's material misrepresentations”); Central Distributors of Beer, Inc. v. Connecticut, 5 F.3d 181, 184 (6th Cir.1993) ("[Plaintiff] cannot maintain a civil RICO claim against these defendants absent evidence that the defendants made misrepresentations or omissions of material fact to [plaintiff] and evidence that [plaintiff] relied on those misrepresentations or omissions to its detriment.”), cert. denied, 512 U.S. 1207, 114 S.Ct. 2678, 129 L.Ed.2d 812 (1994); Metromedia Co. v. Fugazy, 983 F.2d 350, 368 (2d Cir.1992) (noting that "[i]n the context of an alleged RICO predicate act of mail fraud, we have stated that to establish the required causal connection, the plaintiff was required to demonstrate that the defendant's misrepresentations were relied on[]”), cert. denied, 508 U.S. 952, 113 S.Ct. 2445, 124 L.Ed.2d 662 (1993); Pelletier v. Zweifel, 921 F.2d 1465, 1499-1500 (11th Cir.1991) ("when the alleged predicate act is mail or wire fraud, the plain tiff must have been a target of the scheme to defraud and must have relied to his detriment on misrepresentations made in furtherance of that scheme.”), cert. denied, 502 U.S. 855, 112 S.Ct. 167, 116 L.Ed.2d 131 (1991); Curatola v. Ruvolo, 949 F.Supp. 223, 225 (S.D.N.Y.1997) (“When mail fraud is pled as a RICO predicate act, to establish the required causal connection a plaintiff must show reliance on the defendant’s misrepresentations and injuries caused by that reliance.”); but see Akin v. QL Investments, Inc., 959 F.2d 521, 533 (5th Cir.1992) ("Plaintiffs' problems of proof with respect to securities fraud do not necessarily haunt their claim of mail fraud [as a RICO predicate act] since reliance is not an element of mail fraud.”); Prudential Ins. Co. of America v. United States Gypsum Co., 828 F.Supp. 287, 294 (D.N.J.1993) ("declining] to read into RICO mail fraud cases a requirement of actual detrimental reasonable reliance”); Sebago, Inc. v. Beazer East, Inc., 18 F.Supp.2d 70, at 82 (D.Mass.l998)(same).