Commercial Litigation and Arbitration

RICO — “Bankers Do Not Become Racketeers by Acting Like Bankers” (Good Quote)

Jones v. Liberty Bank and Trust Co., 461 Fed. Appx. 407 (5th Cir. 2012):

Racketeering activity is defined by reference to particular state and federal criminal offenses. See 18 U.S.C. § 1961(1). Jones's factual allegations, taken as true, indicate that (1) he was repeatedly deprived of access to federal and state financial assistance programs made available to speed hurricane recovery in Louisiana and (2) that one corporate defendant and its banking partners were able to obtain his property. Even if the defendants had the racial and political motives Jones alleges, Jones has failed to indicate that their actions fall within the definitions of any of the criminal offenses listed as predicates for a RICO case. See § 1961(1). Moreover, "[b]ankers do not become racketeers by acting like bankers." Sinclair v. Hawke, 314 F.3d 934, 943 (8th Cir. 2003) (internal quotation marks and citation omitted).

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RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

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