The Court of Appeals held that Goren's complaint was properly dismissed for failure to plead a claim under the RICO statutes or fraud. Goren bought nutritional supplements from New Vision, after listening to an audiotape from an Independent Distributor of another defendant. She claimed that the four companies involved in the process of selling her allegedly fraudulent supplements had violated federal RICO law. To properly aledge a RICO complaint, the Plaintiff must show elements of 1) the conduct, 2) of an enterprise 3) through a pattern of 4) racketeering activity. Goren failed to properly plead facts of the elements of the RICO claim. She mealy alleged that the Defendant committed the acts in a conclusory fashion, but failed to aledge the actual events that constituted each element of a RICO claim. When pleading a cause of action, the Plaintiff must plead ultimate facts that constitute the bad acts complained of. The Court did no reach the question of the extent to which such facts must be pled with particularity.
Full case and summary are also available at: http://www.mlmlegal.com/legal-cases/Goren_v_NewVision.php
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.