Tag Archives: RICO

Panel Ruling Opens the Door Wider for Civil RICO Claims Against “Open-Ended” Schemes

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  According to the district court in Kalitta Air, LLC v. GSBD & Associates (6th Cir., No. 14-1027, Nov. 13, 2014) (unpublished) [PDF], an alleged pattern of predicate fraudulent … Continue Reading

Divided Sixth Circuit Addresses RICO Standing And Preemption

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