How long does a defendant have to engage in alleged criminal activity in order for a civil RICO claim against it to survive a motion to dismiss? According to the district court in Kalitta Air, LLC v. GSBD & Associates (6th Cir., No. 14-1027, Nov. 13, 2014) (unpublished) [PDF], an alleged pattern of predicate fraudulent … Continue Reading
In a colorful case arising out of a horse breeding scheme (I’m not making this up), the Sixth Circuit affirmed a $65 million judgment, which included nearly $50 million in damages and prejudgment interest exceeding $15 million. West Hills Farms v. ClassicStar Farms, Inc. Remarkably, in this RICO case, the Court affirmed summary judgment for the … Continue Reading
Correcting an earlier post, there will an en banc sitting on Wednesday, June 13, 2013, when the Sixth Circuit will hear arguments in Jackson v. Segwick Claims Management Serv. The case asks if Michigan’s worker compensation laws provide the exclusive remedy for injured workers, or whether injured workers can sue under RICO for an alleged … Continue Reading
In Brown v. Cassens Transport Co., No. 10-2334, the plaintiffs claimed their employer and its claims adjuster conspired to deny workers compensation benefits in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The district court held that Michigan’s Worker’s Disability Compensation Act (“WDCA”) provided the exclusive remedy and therefore foreclosed federal RICO claims. … Continue Reading
