Commercial Litigation and Arbitration

RICO — Proximate and Intervening Cause as Matters of Law for the Court

From Ideal Steel Supply Corp. v. Anza, 2009 U.S. Dist. LEXIS 55233 (S.D.N.Y. June 30, 2009):

When factors other than the defendant's alleged misconduct are an intervening direct cause of a plaintiff's injury, that injury cannot be said to have occurred by reason of the defendant's actions. See McLaughlin v. Am. Tobacco Co., 522 F.3d 215, 226 (2d Cir. 2008); see also Benedetti v. Nissenbaum, No. 90 Civ. 7206, 1993 WL 118489, at *1 (S.D.N.Y. Apr. 12, 1993) ("[B]oth the U.S. Supreme Court and the Second Circuit have treated the proximate causation aspect of RICO standing as one of law for the court, rather than one of fact for trial.").

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