Case Citator › NCNB National Bank of North Carolina v. Tiller

NCNB National Bank of North Carolina v. Tiller

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fourth Circuit
Citation
814 F.2d 931
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1990
Overruled in part
A reviewed court has overruled part of this case’s holding. NCNB National Bank of North Carolina v. Tiller has been overruled in part: all 30 flagged citations have been read, and the confirmed treatment is listed below. The Fourth Circuit sitting en banc rejected Tiller's rule that a RICO defendant and enterprise must be separate under § 1962(a).
More on how this was screened

Later courts continue to use Tiller's distinctness rule under § 1962(c) and its holdings on injury to a corporation and lender control.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite NCNB National Bank of North Carolina v. Tiller; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on NCNB National Bank of North Carolina v. Tiller?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Fourth Circuit sitting en banc overruled Tiller's RICO distinctness rule for § 1962(a), holding that the defendant and enterprise may be the same entity.

    Busby v. Crown Supply · Fourth Circuit · filed

    Thus, we are now persuaded that for a violation of Sec. 1962(a), the offender and the enterprise need not be separate. They may be identical. We therefore overrule this aspect of Computer Sciences and its progeny. ... This court has applied Computer Sciences in Adamson v. Alliance Mortgage Co., 861 F.2d 63, 66 (4 Cir.1988) (claim dismissed because no distinction between enterprise and person); NCNB Nat'l Bank of North Carolina v. Tiller, 814 F.2d 931, 936 (4 Cir.1987) (person not distinct from enterprise when corporation and wholly-owned subsidiary are involved, despite fact that both are separate legal entities)
    Read the full opinion on CourtListener →

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