Case Citator › Klay v. Humana, Inc.

Klay v. Humana, Inc.

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

Abrogated
Court
Eleventh Circuit
Citation
382 F.3d 1241
Decided
Confirmed treatments
1
Flagged citations read
68 of 68
Citing cases (total)
68
Treatment dates
2008
Abrogated
A reviewed court treats this case as abrogated by later authority. Klay v. Humana, Inc. was abrogated as to the need to prove personal reliance in a civil RICO claim based on mail fraud. All 68 flagged citations have been read.
More on how this was screened

The Supreme Court's Bridge v. Phoenix Bond & Indemnity Co. rejected that reliance requirement; the Eleventh Circuit identifies Klay as abrogated in part on that ground. Klay's other holdings remain distinct. The partial abrogation is listed below.

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.

68 later cases cite Klay v. Humana, Inc.; 68 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 Klay v. Humana, Inc.?

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

Abrogated

  • Bridge displaced Klay's premise that a civil RICO plaintiff alleging mail fraud must show personal reliance on the misrepresentation.

    Bridge v. Phoenix Bond & Indemnity Co. · Supreme Court of the United States · filed

    Because we agree with the Court of Appeals that a showing of first-party reliance is not required, we affirm.
    Read the full opinion on CourtListener →

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