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Appeals RICO

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

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Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Snell & Wilmer

RICO Statute May Be Used To Enforce Arbitration Awards by Foreign Nationals Says U.S. Supreme Court

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On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more

Jenner & Block

Enforcing a Foreign Arbitration Award against a Foreign Party under RICO

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On April 25, 2023, the U.S. Supreme Court heard argument on whether a foreign plaintiff can state a civil claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against a foreign defendant based on...more

Patton Sullivan Brodehl LLP

No RICO Standing for Cannabis LLCs

In business litigation, a plaintiff will sometimes assert a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute at 18 U.S.C. §1961 et seq. RICO provides that it is “unlawful for any...more

McDermott Will & Emery

Your Gang Did What!? No Matter—No Forfeiture of IP

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In a unique case blending intellectual property and criminal law, the US Court of Appeals for the Ninth Circuit agreed that a district court properly exercised jurisdiction over a motorcycle club and upheld the lower court’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Cannabis Law

This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. The Court holds that plaintiffs do not have statutory standing under the Racketeer...more

King & Spalding

The U.S. Supreme Court Agrees to Decide Cases Regarding Whether and When Non-U.S. Plaintiffs May Use RICO to Enforce Foreign...

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On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more

Saiber LLC

Third Circuit Clarifies Authority to Review Remand Orders

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In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more

McNees Wallace & Nurick LLC

Appeals Court Finds Union Can Be Liable Under RICO Statute

In an important decision for employers and unions alike, the Third Circuit Court of Appeals, the federal appeals court with jurisdiction over Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, held that a union...more

Tucker Arensberg, P.C.

Third Circuit Permits Companies to Proceed on RICO Claims Against Labor Unions

On July 28, 2022, the United States Court of Appeals for the Third Circuit, in Care One Management LLC, et al. v. United Healthcare Workers East, et al., No. 19-3693, determined that healthcare companies could proceed on RICO...more

Smith Gambrell Russell

There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock

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In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property...more

McDermott Will & Emery

How Not to Build a Case of Trade Secret Misappropriation

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The US Court of Appeals for the Ninth Circuit affirmed a dismissal of trade secret claims, finding that although misappropriation of a trade secret prior to the enactment of the Defend Trade Secrets Act (DTSA) does not...more

King & Spalding

Sixth Circuit Rejects Certification of Novel “Negotiation Class” in Multidistrict Opioid Litigation

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On September 24, 2020, the Sixth Circuit reversed the Northern District of Ohio’s certification of a “negotiation class” in a nationwide prescription opioid MDL, concluding the text of Rule 23 does not permit certification of...more

Cozen O'Connor

Notice of Appeal - Spring 2020

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Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Dechert LLP

RICO’s Demanding Elements Prove Too Much Yet Again: RICO Claim Dismissed for Failing to Allege a “Pattern” of Racketeering...

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A recent decision by the U.S. Court of Appeals for the Second Circuit demonstrates that courts will carefully scrutinize whether civil RICO plaintiffs have satisfied the statute’s complex (and stringent) pleading...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

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Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

Carlton Fields

Defendants Fend Off Challenge to FIA’s Proprietary Index

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The End or the Beginning for Suits Over Disappointed Index Interest Expectations? Security Benefit Life Insurance Co. and Guggenheim Partners recently secured an important victory in a class action challenging a fixed...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Summer 2019

US Domestic Injury Found Where Theft Deemed to Have Occurred when Funds Transferred from US Bank Account Bascuñán v. Elsaca, US Court of Appeals for the Second Circuit, June 13, 2019 This opinion reflects the second time...more

Pierce Atwood LLP

In re Celexa And Lexapro – The First Circuit Weighs In On China Agritech And American Pipe Tolling

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The Supreme Court meant what it said in China Agritech, Inc. v. Resh – that is the primary lesson from the First Circuit’s January 30th decision in In re Celexa and Lexapro Marketing and Sales Practices Litigation. ...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Summer-Fall 2018

Humphrey v. Glaxosmithkline PLC, US Court of Appeals for the Third Circuit, September 26, 2018 - The plaintiffs founded an investigations firm that counseled "foreign" firms doing business in China regarding American...more

Orrick, Herrington & Sutcliffe LLP

What the Second Circuit Did and Didn't Tell Us About RICO's Reach

On Oct. 30, 2017, the Second Circuit issued its opinion in Bascuñán v. Elsaca, becoming the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act...more

Dechert LLP

Millennium Lab Part II: Delaware Bankruptcy Court Dispels Shadow Over Non-Consensual Third-Party Releases (For Now)

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In trotting a path out of Chapter 11, debtors in most cases will need to engage various key stakeholders, some of whom are not entitled to a distribution in the bankruptcy. As a form of remuneration, non-debtors may insist on...more

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