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To: neverevergiveup
Will this get thrown out because of ‘lack of standing’? How was Byrne personally affected by the Clinton Foundation?

Correct. In order to survive a motion to dismiss, Byrne will have to show that his business or property has been damaged as a result of the racketeering activity, that he was the intended victim of the racketeering activity, and that the racketeering activity was the proximate cause of the injury. Stated another way, to survive a motion to dismiss, Byrne must allege in detail that defendants carried out or conspired to carry out a pattern of racketeering activity through the "Clinton enterprise" with the specific intent of causing harm to Byrne's business or property, and the harm was an intended and foreseeable consequence of the racketeering activity.

14 posted on 06/21/2018 4:52:38 AM PDT by Labyrinthos
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To: Labyrinthos

Whatever becomes of this action against the Clintons (likely nothing), it is certain the next elected democrat president will engage against the Trump Foundation with the intent on jailing as many Trump children as possible. They should be working now to minimize their exposure. The media will ignore covering the current lawsuit, but will engage in active assistance against Trump.


20 posted on 06/21/2018 5:05:51 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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To: Labyrinthos
Have you actually read the allegations in complaint. The tests that he must survive are:

To demonstrate standing, a plaintiff must plead, at a minimum, “(1) the defendant's violation of 18 USC § 1962, (2) an injury to the plaintiff's business or property, and (3) causation of the injury by the defendant's violation.   This third requirement is satisfied if the defendant's injurious conduct is both the factual and the proximate cause of the injury alleged.” Baisch v. Gallina, 346 F.3d 366 (2d Cir. 2003)

22 posted on 06/21/2018 5:08:21 AM PDT by AndyJackson
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