News & Analysis as of

RICO Article III

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

Troutman Pepper on

On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...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

Kilpatrick

Fifth Circuit: civil RICO class action against Southwest Airlines and Boeing cannot stand for lack of Article III injury-in-fact

Kilpatrick on

Takeaway: Over two years ago, the Eastern District of Texas denied a motion to dismiss a putative civil RICO class action alleging an “overcharge-by-fraud” theory, where the class representatives appeared to have suffered no...more

King & Spalding

New Jersey District Court Rejects RICO Claim in BMW “Clean Diesel” Case Under “Indirect Purchaser” Rule

King & Spalding on

On February 2, 2021, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey declined to reconsider his dismissal of a RICO claim in a putative class action against BMW and automotive part supplier...more

Kilpatrick

E.D. Texas rules that fraudulent overcharge theory supplies standing for civil RICO class action

Kilpatrick on

Takeaway: To have standing to sue in federal court, Article III of the Constitution requires an injury in fact caused by the challenged conduct. Federal RICO standing requires a bit more: a RICO plaintiff must demonstrate an...more

Kilpatrick

Notes from RICO Class Action Wars Against Pharmaceutical Companies

Kilpatrick on

Takeaway: There are two ways to beat a class action – defeat class certification or defeat the class claims on the merits. Individual RICO actions tend to be complex and expensive to defend, and they increase a defendant’s...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending May 18 & 25, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...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

Wilson Sonsini Goodrich & Rosati

Ashley Madison: Life Is Short. Settle.

On July 21, 2017, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued a preliminary approval of a settlement agreement between the owner of AshleyMadison.com and the class representing...more

Kramer Levin Naftalis & Frankel LLP

Debt Dialogue: July 2017 - A New Millennium: Bankruptcy Courts May Lack Constitutional Authority to Approve Nonconsensual Plan...

Third-party releases have become a common and oft-litigated issue in connection with confirmation of a Chapter 11 plan. This is especially so if the party being released is the target of claims arising out of questionable...more

Jackson Walker

Class Action Report - October 2016

Jackson Walker on

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Foley & Lardner LLP

The Supreme Court Preview, Part III: A Couple Spare Parts

Foley & Lardner LLP on

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

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