News & Analysis as of

Motion to Dismiss RICO

WilmerHale

Supreme Court Expands the Scope of Injuries under RICO

WilmerHale on

On April 2, 2025, the Supreme Court significantly expanded the scope of injuries entitled to treble damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The Supreme Court held in Medical Marijuana,...more

Troutman Pepper Locke

RICO's Person/Enterprise Distinction - RICO Report Podcast

Troutman Pepper Locke on

Join Troutman Pepper Locke White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this...more

Kilpatrick

RICO class actions – Northern District of Georgia sends Georgia RICO class action based on federal predicates back to state court

Kilpatrick on

Takeaway: RICO defendants usually move to dismiss civil racketeering claims. And when it comes to motions to dismiss, RICO defendants almost always prefer to be in federal – as opposed to state – court. Accordingly,...more

Troutman Pepper Locke

Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast

Troutman Pepper Locke on

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

Sheppard Mullin Richter & Hampton LLP

Bank Partnership Moves to Dismiss Class Action Asserting Violations of Georgia Rate Cap Law

On January 29, a Missouri-based bank and its Kansas-based fintech loan servicer filed a joint motion to dismiss a purported class action filed against them alleging violations of the Georgia Installment Loan Act (GILA) and...more

Troutman Pepper Locke

Bank and Loan Servicer Move to Dismiss Purported Class Action Asserting Violations of Georgia Usury Law and RICO

Troutman Pepper Locke on

Recently, Lead Bank and its loan servicer Hyphen, LLC, an online lending platform operating Helix Financial, filed a motion to dismiss a purported class action alleging violations of the Georgia Installment Loan Act (GILA)...more

Foley & Lardner LLP

Foreign Holders of Arbitral Awards May Add a RICO Claim to Their Enforcement Arsenal

Foley & Lardner LLP on

On June 22, 2023, in a 6–3 decision authored by Justice Sotomayor, the United States Supreme Court held that a foreign national-holder of a foreign arbitration award, which was recognized in the United States, can assert a...more

Proskauer - Minding Your Business

$264 Million Settlement in EpiPen Price Gouging Litigation

On July 11, 2022, the United States District Court for the District of Kansas approved a $264 million settlement against Mylan and certain of its subsidiaries in the case In Re EpiPen (Epinephrine Injection, USP) Marketing,...more

Troutman Pepper Locke

Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast

Troutman Pepper Locke on

The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations...more

Troutman Pepper Locke

Anatomy of a Successful Motion to Dismiss in RICO Case

Troutman Pepper Locke on

Rarely do civil Racketeer Influenced and Corrupt Organization Act (RICO) claims get dismissed at the motion to dismiss stage, and seldom does it happen twice. Troutman Pepper recently represented a lobster business in Maine...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2019 – 2020

A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020. Antitrust enforcement continues against nonprofits. Nonprofits have litigated in other areas, including...more

King & Spalding

Eleventh Circuit Affirms Dismissal of RICO Claims in Putative Consumer Class Action Against Petland

King & Spalding on

On August 25, the Eleventh Circuit upheld the dismissal of putative class claims brought against Petland for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), concluding that the plaintiff...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy Production: U.S. District Court Addresses Dispute Involving Development Agreement

A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more

Bilzin Sumberg

District of Oregon Holds that Vineyard’s RICO Suit Against Neighboring Marijuana Grower is More Than Just Sour Grapes

Bilzin Sumberg on

The United States District Court for the District of Oregon recently denied a marijuana grower’s motion to dismiss a Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuit in Momtazi Family, LLC v. Wagner et al.,...more

Seyfarth Shaw LLP

Federal Court Scuttles Class Action Settlement Objectors’ Motion To Dismiss Lawsuit Brought By Plaintiff Class Action Firm

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more

Ballard Spahr LLP

The Mortgage Controls: Mortgagors' Dispute Regarding Alleged "Excessive" and "Unreasonable" Property Inspection Fees Fails to...

Ballard Spahr LLP on

In a recent decision, a federal court in the Southern District of New York (SDNY) dismissed a putative class action complaint alleging, among other things, that a mortgage servicer violated the Fair Debt Collection Practices...more

Carlton Fields

Based on Principles of Fairness, Court Dismisses Putative Class Action RICO Claims Asserted Years After Initiation of Suit

Carlton Fields on

In Robertson v. SunLife Financial, a federal district court in Louisiana dismissed with prejudice as time-barred an amended putative class action complaint alleging RICO and state racketeering claims related to alleged...more

Perkins Coie

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

Perkins Coie on

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

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