Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926 (5th Cir. 2002). · Go Syfert
Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926 (5th Cir. 2002). Cases Citing This Book View Copy Cite
39 citation events (39 in the last 25 years) across 12 distinct courts.
Strongest positive: Meier v. UHS of Delaware, Inc. (txed, 2022-02-14)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Meier v. UHS of Delaware, Inc.
E.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
the failure to plead the requisite elements of either a 1962(a) or 1962(c) violation implicitly means the plaintiff cannot plead a conspiracy to violate either section.
discussed Cited as authority (rule) Deep South Operating LLC v. DSO Projects LLC, et al. (2×) also: Cited "see"
N.D. Miss. · 2026 · confidence medium
“An injury arising ‘solely from the predicate racketeering acts themselves is not sufficient.’” Id. (citing Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 929 (5th Cir. 2002)).
discussed Cited as authority (rule) Ronald J. Sommers, Chapter 7 Trustee for Anadrill Directional Services Inc. v. Capybara Capital, LLC; Seamless Capital Group LLC
Bankr. S.D. Tex. · 2026 · confidence medium
The RICO Act has five elements that must be proven: [1] that a debt existed, [2] that it was unenforceable under New York’s usury laws, [3] that it was incurred in connection with the business of lending money at more than twice the legal rate, [4] that the defendant aided collection of the debt in some manner, and [5] that the defendant acted knowingly, willfully and unlawfully.156 Furthermore, when making a claim under 18 U.S.C. § 1962 (a), “alleging an injury solely from the predicate racketeering acts themselves is not sufficient because § 1962(a) does not prohibit those acts.”157 …
discussed Cited as authority (rule) In re: Anadrill Directional Services Inc.; Ronald J. Sommers v. Global Merchant Cash, Inc.
Bankr. S.D. Tex. · 2026 · confidence medium
Furthermore, when making a claim under 18 U.S.C. § 1962 (a), “alleging an injury solely from the predicate racketeering acts themselves is not sufficient because § 1962(a) does not prohibit those acts.”99 Instead, “any injury must flow from the use or investment of racketeering income.”100 Therefore, the plaintiff must argue facts alleging that the money from the underlying fraud was reinvested in a way that harmed the plaintiff.101 Here, the Trustee alleges that (1) a debt existed because according to the Agreement, Anadrill owed GMC $1,016,000.00;102 (2) the debt was unenforceable …
cited Cited as authority (rule) Travis C. Mills et al v. Rocket Mortgage LLC et al
W.D. La. · 2025 · confidence medium
Inc., 313 F.3d 257 , 261 (5th Cir. 2002); Nolen v. Nucentrix Broadband Networks, 293 F.3d 926, 928-29 (5th Cir. 2002).
discussed Cited as authority (rule) Speedway Loans, Inc. v. Hassan
E.D. Tex. · 2022 · confidence medium
Finally, Speedway pleads that it suffered 3 Speedway’s claim under Subsection 1962(d) also fails because “[t]he failure to plead the requisite elements of either a § 1962(a) or a § 1962(c) violation implicitly means that [the plaintiff] cannot plead a conspiracy to violate either section.” Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 930 (5th Cir. 2002) (quotation omitted). damages in the form of lost loan proceeds and the loss of collateral as a result of Tyler Horn’s and Hernandez’s failure to pay off their loans.
discussed Cited as authority (rule) Lewis v. Louisiana State University
M.D. La. · 2022 · confidence medium
Operating Co. v. Cigna Healthcare, 781 F.3d 182, 203 (5th Cir. 2015). 72 Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 930 (5th Cir. 2002). 73 28 U.S.C. § 1961 (1). 74 18 U.S.C. § 1961 (5). injure the plaintiff in his business or property.”75 The injury must be “by reason of,” or caused by, a violation of § 1962.76 Thus, § 1964(c) imposes two requirements on the plaintiff’s right to recover, namely, damage to business or property and causation.77 Some courts in the past have referred “to the independent § 1964(c) requirements of damages and causation as ‘standing.�…
discussed Cited as authority (rule) Megatel Homes LLC v. Moayedi
N.D. Tex. · 2021 · confidence medium
The alleged injury “must flow from the use or investment of racketeering income.” Williamson, 224 F.3d at 441 . “[A]lleging an injury solely from the predicate racketeering acts themselves is not sufficient because § 1962(a) does not prohibit those acts.” Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 929 (5th Cir. 2002); Cigna Healthcare, 781 F.3d at 202 .
cited Cited as authority (rule) Felipe Del Angel v. La Joya Independent Sch
5th Cir. · 2017 · confidence medium
Supervisory officials 1 Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 928 (5th Cir. 2002). 2 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted) (quoting Bell Atl.
discussed Cited as authority (rule) North Cypress Medical Center Operating Co. v. Cigna Healthcare (2×) also: Cited "see"
5th Cir. · 2015 · confidence medium
Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 929 (5th Cir.2002). 117 .
discussed Cited as authority (rule) Super Vision International, Inc. v. Mega International Commercial Bank Co.
S.D. Fla. · 2008 · confidence medium
Co., 981 F.2d 429 (9th Cir.1992)); Fogie v. THORN Ams., Inc., 190 F.3d 889 , 895 (8th Cir.1999); Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 929 (5th Cir.2002); Vemco, Inc. v. Camardella, 23 F.3d 129, 132 (6th Cir.1994); Glessner v. Kenny, 952 F.2d 702, 708-710 (3d Cir.1991); Danielsen v. Burnside-Ott Aviation Training Ctr., Inc., 941 F.2d 1220, 1229-1230 (D.C.Cir.1991); Ouaknine v. MacFarlane, 897 F.2d 75, 82 (2d Cir.1990); Rodriguez v. Banco Central, 727 F.Supp. 759, 770-771 (D.P.R.1989), aff'd in part and vacated in part, 917 F.2d 664 (1st Cir.1990); Grider v. Texas Oil & Gas …
examined Cited as authority (rule) Abraham v. Singh (3×) also: Cited "see"
5th Cir. · 2007 · confidence medium
Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 928 (5th Cir.2002).
discussed Cited as authority (rule) Securities Investor Protection Corp. v. City National Bank (In Re Sunpoint Securities, Inc.)
Bankr. E.D. Tex. · 2006 · confidence medium
Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 930 (5th Cir.2002) [“The failure to plead the requisite elements of either a § 1962(a) or § 1962(c) violation implicitly means [the plaintiff] cannot plead a conspiracy to violate either section.” (quoting Simon v. Value Behavioral Health, Inc., 208 F.3d 1073, 1084 (9th Cir.2000)) ].
discussed Cited as authority (rule) Thompson v. MasterCard International Inc. (2×) also: Cited "see, e.g."
5th Cir. · 2002 · confidence medium
Nolen v. Nucentrix Broadband Networks, Inc., 293 F.3d 926, 928 (5th Cir.2002); see also Rubinstein v. Collins, 20 F.3d 160, 166 (5th Cir.1994) ("Such dismissals may be upheld only if it appears that no relief could be granted under any set of facts that could be proven consistent with the allegations.” (internal quotation and citation omitted)). 7 .
examined Cited as authority (rule) In re MasterCard Intern. Inc. (3×) also: Cited "see, e.g."
5th Cir. · 2002 · confidence medium
Gamblers also can purchase the credits via personal check or money order using the mails 3 The Plaintiffs state that 95% of Internet gambling business involves the use of credit cards 4 "It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt." 18 U.S.C. § 1962 (c) 5 18 U.S.C. § 1964 6 Nolen v. Nucentrix Broadband Networks…
cited Cited "see" Meier v. UHS of Delaware, Inc.
E.D. Tex. · 2022 · signal: see · confidence high
See Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 929 (5th Cir. 2002).
cited Cited "see" 6315 Magazine, LLC v. Flot Nola, LLC
E.D. La. · 2020 · signal: see · confidence high
See Nolen v. Nucentric Broadband Networks Inc., 293 F.3d 926, 930 (5th Cir. 2002) (citation omitted).
discussed Cited "see" Robinson v. Standard Mortgage Corp.
E.D. La. · 2016 · signal: see · confidence high
See Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 930 (5th Cir.2002) (“The failure to plead the requisite elements of either a § 1962(a) or a § 1962(c) violation implicitly means that [Nolen] cannot plead a conspiracy to violate either section.”); Howard v. Am.
discussed Cited "see" C & K Investments Ken D. Parr A/K/A Kenneth Darwin Parr, Sr. Corine Thornton Parr And Parr Family Limited Partnership D/B/A C & K Investments v. Fiesta Group, Inc.
Tex. App. · 2007 · signal: see · confidence high
See 293 F.3d 926 , 928 n.1 (5th Cir. 2002); see also Gallardo v. TCI Cablevision of Tex. , Inc. , No. 13-02-460-CV, 2004 WL 1932662 , at *3 (Tex. App.--Corpus Christi Aug. 31, 2004, no pet.) (mem. op.) (finding section 305.007 precluded action seeking declaration that penalty clauses were unenforceable and late fees should be returned).
discussed Cited "see" C & K INVESTMENTS v. Fiesta Group, Inc.
Tex. App. · 2007 · signal: see · confidence high
See 293 F.3d 926 , 928 n. 1 (5th Cir.2002); see also Gallardo v. TCI Cablevision of Tex., Inc., No. 13-02-460-CV, 2004 WL 1932662 , at *3 (Tex.App.-Corpus Christi Aug.31, 2004, no pet.) (mem.op.) (finding section 305.007 precluded action seeking declaration that penalty clauses were unenforceable and late fees should be returned).
discussed Cited "see" Birnbaum v. Law Offices of G. David Westfall, P.C.
Tex. App. · 2003 · signal: see · confidence high
See Nolen v. Nucentrix Broadband Networks, Inc., 293 F.3d 926, 929 (5th Cir.), cert. denied, 537 U.S. 1047 , 123 S.Ct. 600 , 154 L.Ed.2d 520 (2002) (for section 1962(a) claim, alleging injury from predicate racketeering acts themselves insufficient; injury must flow from use or investment of racketeering income).
cited Cited "see" McKinney v. Irving Independent School District
5th Cir. · 2002 · signal: see · confidence high
See Nolen v. Nucentrix Broadband Networks Inc., 293 F.3d 926, 928 (5th Cir.2002).
Retrieving the full opinion text from the archive…
John NOLEN, Individually and on Behalf of All Persons Similarly Situated, Plaintiff-Appellant,
v.
NUCENTRIX BROADBAND NETWORKS INC., Also Known as Heartland Wireless Communications, Inc.; Et Al., Defendants, Nucentrix Broadband Networks Inc., Also Known as Heartland Wireless Communications, Inc.; Nucentrix Telecom; Heartland Cable Television; Nucentrix Broadband Networks; Nucentrix Internet Services; Nucentrix Spectrum; Nucentrix Telephony; Cyberwave Heartnet; Clear Choice TV; Nucentrix Internet Services Inc.; Heartland Cable Television Inc.; Spectrum Resources Inc.; Wireless One Inc.; CS Wireless Systems Inc.; CAI Wireless Systems Inc.; Unidentified Parties, 1-34; Stephen Feinburg; Cerberus Partners LP; Cerberus International Ltd.; Cerberus Institutional Partners LP, Its Joint Ventures and Alliance Members; DirecTV Inc.; Hughes Electronics Corporation; Cross Country Wireless Inc.; Rural Vision Joint Venture, Its Officers and Directors; Carroll D. McHenry; Marjean Henderson; Amy E. Ivanoff; Richard B. Gold; Terry S. Parker; Neil S. Subin; R. Ted Weschler; Robert S. Cecil; Jack R. Crosly; J.R. Holland, Jr.; John A. Sprague; L. Allen Wheeler; ISP Alliance Inc.; Wireless Enterprises LLC; Peoples Choice TV Corp., Defendants-Appellees
01-40808.
Court of Appeals for the Fifth Circuit.
Jun 26, 2002.
293 F.3d 926
2002 U.S. App. LEXIS 12654
2002 WL 1285279
David Allen Furlow (argued), Thompson & Knight, Houston, TX, Charles Bryan Powers, Robstown, TX, for Plaintiff-Appellant., Jeffrey R. Bragalone (argued), Lewis T. LeClair, Patrick J. Conroy, McKool Smith, Dallas, TX, Jorge C. Rangel, Law Offices of Jorge C. Rangel, Corpus Christi, TX, for Nucentrix Broadband Networks Inc., Nucentrix Telecom, Heartland Cable Television, Nucentrix Broadband Networks, Nucentrix Internet Services, Nucentrix Spectrum, Nucentrix Telephony, Cyber-wave Heartnet, Clear Choice TV, Nucen-trix Internet Services Inc., Heartland Cable Television Inc., Spectrum Resources Inc., McHenry, Henderson, Ivanoff, Gold, Parker, Subin, Weschler, Crosly, Holland, Sprague and Wheeler., John Charles Eichman, Robert Brooks Gilbreath, Jenkens & Gilchrist, Dallas, TX, for Wireless One Inc., CS Wireless Systems Inc., CAI Wireless Systems Inc., Cross Country Wireless Inc. and Wireless Enterprises Inc., Lawrence M. Rolnick, Sheila A. Sadighi (argued), Lowenstein Sandler, Roseland, NJ, John A. Kazen, Kazen, Meurer & Perez, Laredo, TX, for Feinburg, Cerberus Partners LP, Cerberus Intern. Ltd., Cerberus Institutional Partners LP., William Michael Mills, Sofia Amabel Ramon, Atlas & Hall, McAllen, TX, for Directv Inc. and Hughes Electronics Corp., Brant Mitchell Laue, Armstrong Teasdale, Kansas City, MO, for Peoples Choice TV Corp.
Davis, Garza, Stewart.
Cited by 20 opinions  |  Published
EMILIO M. GARZA, Circuit Judge:

Plaintiff-Appellant John Nolen filed this lawsuit on behalf of a class of similarly situated cable subscribers against Nucen-trix Broadband Networks, Inc., various other related corporations, subsidiaries, and individual directors named in Nolen’s notice of appeal (collectively, “Nucentrix”) for violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO). 18 U.S.C. § 1961 et seq. Specifically, Nolen alleged that Nucentrix collected unlawful debts in the form of late fees from cable subscribers in violation of 18 U.S.C. §§ 1962(a), (c), and (d).

Nucentrix filed a motion to dismiss No-len’s suit. While that motion was pending, the district court dismissed a factually identical suit brought by the same attorneys representing Nolen on behalf of a separate class of plaintiffs. See Rivera v. AT&T Corp., 141 F.Supp.2d 719 (S.D.Tex.2001). Based on its decision in Rivera, the district court then dismissed Nolen’s claims for failure to state a claim upop which relief could be granted. See Fed. R.Civ.P. 12(b)(6). The trial court conclud[*928] ed that Nolen merely recharacterized the same facts the court had addressed and dismissed in Rivera so as to match the language of the relevant RICO provisions. Nolen now appeals the district court’s decision.

Nucentrix provides cable services to their customers pursuant to an agreement in which the subscribers agree to pay a monthly fee for the use of cable equipment as .well as cable programming content. Depending on the particular mix of equipment and programing purchased, an average customer’s bill can range from $16.70 to $141.90. The agreement further provides that customers must pay an “administrative fee” between $3.00 and $5.00 if they are delinquent in making one of their monthly payments. Thus, the additional “late fee” could constitute up to thirty percent of the amount actually due at the end of a month. Nolen claims that these fees are usurious under Texas law and, therefore, Nucentrix is engaged in the business of collecting unlawful debts in violation of 18 U.S.C. § 1962(c). Nolen further claims that he has been injured by reason of Nucentrix’s use and investment of income from their collection of these unlawful debts in violation of 18 U.S.C. § 1962(a). In addition, he alleges that Nu-centrix conspired to collect an unlawful debt in violation of 18 U.S.C. § 1962(d). [1]

This appeal arises from the district court’s dismissal of Nolen’s claims pursuant to Fed.R.CivP. 12(b)(6). We evaluate the district court’s grant of Nucentrix’s Rule 12(b)(6) motion de novo, applying the same standard used by the district court. In doing so, we accept the facts alleged in the complaint as true and construe the allegations in the light most favorable to the plaintiffs. See Rubinstein v. Collins, 20 F.3d 160, 166 (5th Cir.1994). Nevertheless, “conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.” Fernandez-Montes v. Allied Pilots Ass'n, 987 F.2d 278, 284 (5th Cir.1993).

Nolen first alleges that Nucentrix collected an “unlawful debt” in violation of 18 U.S.C. § 1962(c). [2] 18 U.S.C. § 1961(6) defines the term “unlawful debt” as:

[A] debt (A) incurred or contracted in gambling activity which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to principal or interest because of the laws relating to usury, and (B) which was incurred in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious[*929] under State or Federal law, where the usurious rate is at least twice the enforceable rate.

18 U.S.C. § 1961(6). Nolen does not allege that Nucentrix was engaged in any gambling activities. Thus, in order for Nolen to establish that Nucentrix collected an “unlawful debt,” he must demonstrate that Nucentrix (1) was in the business of lending money or a thing of value; (2) collected a debt that was unenforceable under Texas usury laws; and (8) that the debt Nucentrix collected was at least twice the enforceable rate under Texas law. See Durante Bros. & Sons Inc. v. Flushing Nat’l Bank, 755 F.2d 239, 248 (2d Cir.1985) (setting out the elements of a cause of action under § 1962(c)).

In Rivera, the district court concluded that fixed administrative late fees, such as the ones at issue here, were not usurious as a matter of law. Rivera, 141 F.Supp.2d at 723-24. We summarily affirmed the district court’s decision. Rivera v. AT&T Corp., No. 01-40953, 34 Fed.Appx. 962 (5th Cir. Mar. 25, 2002) (unpublished). Our decision in Rivera is controlling here. A fixed administrative or late fee charged under a rental or service agreement is not regarded as interest under Texas law. Rivera, 141 F.Supp.2d at 724 (holding that “late fees charged are not construed as ‘interest’ under Texas .law”). Thus, Nolen has failed, as a matter of law, to establish that Nucentrix collected an “unlawful debt.” The district court correctly relied on its decision in Rivera in dismissing Nolen’s § 1962(c) claim.

Nolen next challenges the district court’s ruling that, as a matter of law, he suffered no cognizable injury under 18 U.S.C. § 1962(a). [3] Here, Nolen is asserting a civil RICO claim. Thus, § 1962(a) must be read in conjunction with 18 U.S.C. § 1964(c), which creates a civil cause of action for damages resulting from violations of § 1962. 18 U.S.C. § 1964(c) states: “Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor ... and shall recover threefold the damages he sustains.” We have consistently held that the causal language of § 1964(c) requires that the compensable injury stem directly from the violation of the RICO section in question. See, e.g., Parker & Parsley Petroleum, Co. v. Dresser Indus., 972 F.2d 580, 584 (5th Cir.1992) (holding that there must be a nexus between the claimed violation and the plaintiffs injury); Crowe v. Henry, 43 F.3d 198, 205 (5th Cir.1995) (same). For claims arising under § 1962(a), alleging an injury solely from the predicate racketeering acts themselves is not sufficient because § 1962(a) does not prohibit those acts. Parker & Parsley, 972 F.2d at 584. Instead, “any injury must flow from the use or investment of racketeering income.” St. Paul Mercury Ins. Co. v. Williamson, 224 F.3d 425, 441 (5th Cir.2000) (emphasis added). Here, Nolen’s alleged injury stems solely from Nucentrix’s assessment and collection of late fees, not from Nucen-trix’s use or investment of those fees. As such, Nolen has failed to assert a valid[*930] claim under § 1962(a). Parker & Parsley, 972 F.2d at 584.

Nolen also asserts a claim under 18 U.S.C. § 1962(d), which prohibits conspiring to violate §§ 1962(a) and (c). [4] The “failure to plead the requisite elements of either a § 1962(a) or a § 1962(c) violation implicitly means that [Nolen] cannot plead a conspiracy to violate either section.” Simon v. Value Behavioral Health, Inc., 208 F.3d 1073, 1084 (9th Cir.2000). Thus, the district court also correctly dismissed Nolen’s conspiracy claims.

For the foregoing reasons, we AFFIRM the district court’s dismissal of Nolen’s claims.

1

. Nolen also argues that Nucentrix was unjustly enriched through its collection of late fees. Nolen seeks restitution of the late fees Nucentrix collected on the theory that Nucen-trix violated the Texas usury statute. Tex Fin.Code § 305.007 provides, however, that "[t]he penalties provided by the [usury chapter] are the only penalties for violation of this subtitle for contracting for, charging, or receiving interest in an amount that produces a rate in excess of the maximum rate allowed by law. Common law penalties do not apply.” * Tex Fin.Code § 305.007 (emphasis added). Thus, the district court properly dismissed Nolen's unjust enrichment claim because restitution for unjust enrichment is a common law penalty, expressly prohibited by the Texas Finance Code.

2

. Section 1962(c) provides:

It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.

18 U.S.C. § 1962(c).

3

. 18 U.S.C. § 1962(a) provides, in relevant part:

It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

18 U.S.C. § 1962(a).

4

. 18 U.S.C. § 1962(d) provides that "[i]t shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.” 18 U.S.C. § 1962(d).