News & Analysis as of

RICO

DOJ Continues Aggressive Enforcement Action Against Opioid Manufacturers

Recently the U.S. Department of Justice (DOJ) issued a statement that it had intervened in a False Claims Act (FCA) case against Insys Therapeutics, Inc. and consolidated five separate qui tam cases into one case, U.S. ex rel...more

Interesting and Useful Cases in Torts and Insurance - February and early March in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance. ...more

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Anbang Insurance founder Wu Xiahoui’s fall from grace now includes an 18-year prison sentence for his conviction by a Shanghai court for using Anbang to “cheat investors out of more than $10 billion”....more

Campaigning For Protection Of Political Trade Secrets

As widely reported, on April 20, the Democratic National Committee (“DNC”) kicked off a twelve count lawsuit against a number of entities and individuals, including the Russian Federation, General Staff of the Armed Forces of...more

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in US Courts: Spring 2018

RICO Claim Against US Entities Rejected Because Injury to Potential Legal Claims Was “Suffered” Only in Non-US Location Where Plaintiff Was Based - Armada (Singapore) Pte Limited v. Amcol International Corporation, US...more

Personal Jurisdiction/Forum Non Conveniens - The World in US Courts: Spring 2018

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more

Fraudulent Lawsuit Allegations Insufficient to Maintain RICO Claim

by McDermott Will & Emery on

Addressing the sufficiency of allegations to sustain a claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act, the US Court of Appeals for the Second Circuit affirmed the dismissal of a complaint alleging a...more

Will FBI Fraud Ring Probe Get Michigan AGC To Enforce Ethics?

by Michigan Auto Law on

FBI fraud ring investigation will hopefully force Attorney Grievance Commission and Administrator Alan Gershel to take long overdue disciplinary action against ambulance-chasing, solicitation injury lawyers who break the law....more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending April 6 & 13, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more

California Federal Court Remands Fraud Claims In Workers’ Compensation Reinsurance Action To State Court

by Carlton Fields on

In a March 15, 2018 order, noting that only state law claims remained in the case, a California federal court remanded to state court a lawsuit against an insurance company and its affiliates, which alleged that they...more

CAFA’s Local Controversy Exception Requires Class Claims Against Local Defendant

by Carlton Fields on

As we previously reported, in September 2017, a federal district court in Louisiana dismissed with prejudice as time-barred putative class action RICO and state racketeering claims related to alleged wrongful conduct by an...more

Top Ten International Anti-Corruption Developments for February 2018

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

4 Tips For Defending Against Tribal RICO Claims

In the last decade, tribal entities and officials have increasingly become the subjects of civil suits alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 et seq. When originally...more

Mushrooming Claims: Recognizing When Simple Claims Threaten to Expand Beyond What is Expected

by Pessin Katz Law, P.A. on

Introduction - In the not too distant past, claims and claims handling were generally predictable. There was an incident causing damage, then a demand, and a dispute largely about the amount that would be paid. More...more

Passive Investors in Payday Lending Operations Get Partial Reprieve

While tossing certain claims brought by Pennsylvania’s attorney general, a federal judge denied part of a motion to dismiss brought by online short-term lenders in an action accusing them of “renting” Native American tribes...more

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

New Jersey Federal Judge Dismisses RICO suit against FDCPA Plaintiff Law Firms

by Hinshaw & Culbertson LLP on

Late last year, a debt collection agency went on the offensive and filed a RICO lawsuit against three FDCPA Plaintiff Law Firms, alleging that the Plaintiff Firms filed frivolous class action lawsuits under the FDCPA as a way...more

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

by 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

A Cannabis-Themed Wish List for 2018

by Burns & Levinson LLP on

This past year has been a memorable one for so many different reasons. For Burns, it saw the growth and expansion of our Cannabis Business Advisory Group, the launch and development of this blog, and the successful execution...more

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

by Jones Day on

The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more

Jury Convicts Payday Lender Owner for Allegedly Fraudulent Payday Lending Scheme

by Goodwin on

On November 15, 2017, the U.S. Attorney for the Southern District of New York (“?USAO”) announced that a jury has convicted the owner of an alleged fraudulent lending scheme (the “Defendant”) for one count of conspiracy to...more

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Cybersecurity

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