Case Citator › Odom v. Microsoft Corp.

Odom v. Microsoft Corp.

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

Declined by some courts
Court
Ninth Circuit
Citation
486 F.3d 541
Decided
Confirmed treatments
1
Flagged citations read
84 of 84
Citing cases (total)
84
Treatment dates
2009
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. Odom v. Microsoft Corp. remains binding in the Ninth Circuit, but a North Carolina federal court declined its rule against requiring a separate RICO enterprise structure. All 84 flagged citations have been read.
More on how this was screened

AARP v. American Family Prepaid Legal Corp. required a separately structured enterprise after citing Odom's contrary holding; that treatment is listed below. The opinion's quotation of Conley's older Rule 12(b)(6) formula should be read in light of the Supreme Court's later pleading decisions.

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.

84 later cases cite Odom v. Microsoft Corp.; 84 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 Odom v. Microsoft Corp.?

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

Declined to follow

  • The court required a RICO enterprise to have a structure separate from the alleged racketeering activity after acknowledging Odom's contrary rule.

    AARP v. American Family Prepaid Legal Corp. · Middle District of North Carolina · filed

    The circuits are split in their approach. ... Odom v. Microsoft Corp., 486 F.3d 541 (9th Cir.2007) (holding enterprise does not require separate structure and finding sufficient under Turkette a complaint alleging enterprise had common purpose, ongoing organization, and continuing unit); ... There must be sufficient facts alleged from which to fairly infer an entity that exists separately in structure.
    Read the full opinion on CourtListener →

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