Complex Lit Blog

RICO: Without Injury to Business or Property, Injury Resulting from RICO Violation Is Not Actionable under RICO — Meaning of “Property” in § 1964(c) — Meaning of “Business” in § 1964(c) — Mere “Expectancy Interests” ≠ Business or Property — Loss of NCAA Eligibility = Loss of a Status, Not Loss of Property — Pecuniary Losses (Here, Attorney’s Fees) Flowing from a Non-Cognizable Injury Are Not Recoverably via RICO

Bowen v. Adidas Am. Inc., 84 F.4th 166 (4th Cir. 2023): Affirmed by published opinion. Judge

Bowen v. Adidas Am. Inc., 84 F.4th 166 (4th Cir. 2023): Affirmed by published opinion. Judge Rushing wrote the majority opinion, in which Judge Heytens joined. Judge King wrote a dissenting opinion. Majority Opinion RUSHING, Circuit Judge: In 2017, …

RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

Coronavirus Reporter v. Apple, Inc., 85 F.4th 948 (9th Cir. 2023): Plaintiffs-Appellants Coronavirus Reporter, CALID, Inc., Primary Productions LLC, and Dr. Jeffrey D. Isaacs sued Defendant-Appellee Apple for its allegedly monopolist operation of the Apple App Store. The district court dismissed the claims with prejudice for failure to state a claim under

FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

Foss v. Marvic, Inc., 2024 U.S. App. LEXIS 14054 (1st Cir. June 10, 2024): *1 ...

Foss v. Marvic, Inc., 2024 U.S. App. LEXIS 14054 (1st Cir. June 10, 2024): *1 In this appeal, Cynthia Foss, a graphic designer, challenges the dismissal on preclusion grounds of her claim alleging copyright infringement against Marvic, Inc., d/b/a Brady-Built…

Severe Emotional Distress and Trauma ≠ RICO Injury — Parents’ Voluntary Financial Support of Adult Daughter Who Was Forced to Sign Over Her Annuity in Violation of RICO Not Proximately Caused by RICO Violation — Injury Is Derivative, Not Direct (Intimation of Different Result if Financial Support Required by Law) — RICO Injury Is Requirement for Statutory Standing (12(b)(6) Issue), Not Constitutional Standing (12(b)(1) Issue)

Goney v. SuttonPark Cap. LLC, 2023 WL 8235019 (2d Cir. Nov. 28, 2023) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the July 26, 2022 judgment of the district court is AFFIRMED in part and VACATED in part and the case is REMANDED to the district court for further proceed ...

Goney v. SuttonPark Cap. LLC, 2023 WL 8235019 (2d Cir. Nov. 28, 2023) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the July 26, 2022 judgment of the district court is AFFIRMED in part and VACATED…

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

Mosafer, Inc. v. Broidy, 2023 WL 8295921 (9th Cir. Dec. 1, 2023) (unpublished): Before:

Mosafer, Inc. v. Broidy, 2023 WL 8295921 (9th Cir. Dec. 1, 2023) (unpublished): Before: PAEZ and H.A. THOMAS, Circuit Judges, and R. COLLINS,** District Judge. MEMORANDUM* *1 Plaintiffs Mosafer Inc., Mosafer E-Com, Inc., and GoMosafer (collectively,…

RICO Statute of Limitations: (1) Under Separate Accrual Rule, Plaintiff May Recover Only for Additional Damages Suffered as a Result of the New Predicate Act and Not for Earlier Predicates Outside the 4-Year Limitations Period — (2) No Equitable Tolling Absent Diligence in Filing Suit — 3.25 Year Delay between Indictment and Filing Suit Too Long (Even 9 Months May Be Too Long) — “Equity Favors Those Who Diligently Pursue Their Known Rights” (Good Quote)

Baltrusaitis v. Int’l Union, UAAAIW of Am., 86 F.4th 1168 (6th Cir. 2023): Plaintiffs are current and former engineers employed by automaker FCA US LLC (now Stellantis). In 2011, FCA transferred the work that plaintiffs had previously performed at FCA’s company headquarters to a new location. Plaintiffs were unhappy with the transfer, and in 2015 they filed a grievance with ...

Sanctions: Rule 41(b) Overlaps with Inherent Power to the Extent It Authorizes Dismissal for Failure to Prosecute or Comply with a Court Order — Rule 41(b) Dismissal OK for Failure to Comply with Court Order on Notice of the Drastic Ramifications and When Predicated on a Protracted Course of Dilatory Or Otherwise Improper Behavior — Dismissal Sanction May Be Upheld When Point of Noncompliance with Order Is to Accelerate Appeal

Assassination Archives v. United States DOJ, 2024 U.S. App. LEXIS 14873 (D.C. Cir. June 18, 2024) (unpublished): This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and ora ...

RICO and Constitutional Standing — Concrete Injury Required for Constitutional Standing (And, Thus, for Standing in RICO Case, Notwithstanding a Disagreement Among the Circuits as to Whether Concrete Injury Is Required for RICO Standing) — At the Pleading Stage, General Factual Allegations of Injury May Suffice, But They Must Be Plausible and May Not Be Conclusory

Cooper v. US Dominion, Inc., 2023 WL 8613526 (10th Cir. Dec. 13, 2023) (unpublished): ORDER AND JUDGMENT* Plaintiffs Jennifer Cooper, Eugene Dixon, Francis Cizmar, Anna Pennala, Kathleen Daavettila, Cynthia Brunell, Karyn Chopjian, and Abbie Helminen filed this action against US Dominion, Inc., Dominion Voting Systems, Inc., Dominion Voting Sys ...

(1) RICO and Securities Fraud: Conviction Exception — Caselaw Not Uniform as to Whether Plaintiff’s Damages Must Result from Securities Fraud Directed at Plaintiff — Appeals: 4 Factors Court of Appeals Considers in Deciding Whether to Entertain Arguments Newly Raised on Appeal

Buck v. Compton, 2023 WL 8812472 (6th Cir. Dec. 20, 2023) (unpublished): OPINION *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton sued Buck, and the parties submitted their dispute to binding arbitration through the Financial Industry Regulator ...

RICO Statute of Limitations — Accrual: Actual or Inquiry Notice — Equitable Tolling — Courts Have Inherent Flexibility to Choose Grounds for Disposing of a Case without Reaching the Merits

Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals from a judgment of the United States District Court for the Northern District ...

Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals…

Commercial Litigation and Arbitration

RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

(1) RICO and Securities Fraud: Conviction Exception — Caselaw Not Uniform as to Whether Plaintiff’s Damages Must Result from Securities Fraud Directed at Plaintiff — Appeals: 4 Factors Court of Appeals Considers in Deciding Whether to Entertain Arguments Newly Raised on Appeal

RICO Statute of Limitations — Accrual: Actual or Inquiry Notice — Equitable Tolling — Courts Have Inherent Flexibility to Choose Grounds for Disposing of a Case without Reaching the Merits

Recent Posts

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

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