144 results for 'nos:"Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits"'.
J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Business Practices, Banking / Lending, Racketeering
J. Kennelly denies an Alaskan Native tribe-owned lending company’s motions to compel a RICO class action to arbitration, and to transfer the case to the District of Alaska. The suing class is composed of Illinois residents who took loans from the lending company, whose loans’ annual interest rates range from 466.66% to 792.76% — rates, the borrowers say, are illegal under Illinois law. They argue the lender uses its status as a Native American-owned business to predate on customers while dodging state and federal laws by asserting sovereign immunity. The court finds the Northern District of Illinois is a proper venue, as that is where the class members’ alleged injuries took place, and also finds that the class’s claims cannot be addressed by arbitration.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: March 14, 2024, Case #: 1:23cv3590, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Native Americans, Banking / Lending, Racketeering
J. Ezra adopts a report and recommendation and partially dismisses a RICO suit brought by an investment fund against several parties, including subsidiaries, which the fund says defrauded it of “substantial assets.” The prior judge’s findings were “neither clearly erroneous nor contrary to law” when he found that the fund has failed on many of its claims, including all of its fraud-based claims — though it may proceed with a handful of others, including for breach of contract. Because of the fund’s “repeated failure to adhere to the local rules,” it will have future pleadings stricken if it continues to not comply.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: March 7, 2024, Case #: 1:22cv652, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Banking / Lending, Racketeering
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J. Anderson adopts the recommendation of the magistrate judge and dismisses the plaintiffs' complaint without prejudice based on a lack of subject matter jurisdiction. The plaintiffs, who owned an online Etsy store where they resold "collectible sports plates," allege violations of the Racketeer Influenced and Corrupt Organizations Act in connection with the defendants' trademark enforcement activities, specifically regarding a 1989 plate depicting former NBA player Kareem Abdul-Jabbar. However, the court concludes that their allegations are implausible.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: March 5, 2024, Case #: 1:23cv1143, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trademark, Jurisdiction, Racketeering
J. Ellis grants the defendant marketing agents’ motion to dismiss RICO and Defend Trade Secrets Act violation claims brought by cryptocurrency developers. The developers hired the marketing agents to help them advertise their cryptocurrency and its associated hardware, only for the marketers to fleece them for as much money as possible, sometimes charging thousands of dollars for reasons that were never fully elaborated. They also failed to tell the developers that per a prior order from the FTC, they were not allowed to perform certain marketing activity. However, the court finds the developers have failed to show how the marketing agents' behavior amounts to racketeering or betrayal of trade secrets.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: March 5, 2024, Case #: 1:22cv708, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Technology, Racketeering
J. Van Meerveld grants a request by developers and a flooring company to dismiss civil racketeering claims by the father and son owners of a construction company, alleging they were defrauded into investing in a business deal to purchase, renovate and sell real estate. The litigants’ allegations are insufficient to show the necessary predicate acts, or independent illegal activity, required for a RICO claim. Not one allegation in the suit identifies a fraud or misrepresentation. Instead, the alleged acts can only reasonably be interpreted as preliminary negotiations of a legitimate business deal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: February 28, 2024, Case #: 2:23cv565, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Business Practices, Racketeering
J. Woods grants the timeshare seller's motion to dismiss RICO claims stemming from allegations that it misled buyers about timeshare interests in a Manhattan building, hiding the true fees involved and availability of reservations. The buyers' dispute as to the calculating and billing of management and maintenance fees does not evince a scheme to defraud them. Similarly, the buyers allege they had great difficulty in reserving the use of their timeshare interests, but do no identify any misrepresentations or deception on the seller's part.
Court: USDC Southern District of New York, Judge: Woods, Filed On: February 26, 2024, Case #: 1:20cv7042, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Racketeering
J. Morris dismisses all class insurance and RICO claims against several medical service providers and medical lien companies from consumers who say the companies use practices that prevent them receiving notification of any medial liens against them. The complaint, which has already been tossed twice, fails to point to a single "legally cognizable injury" that was born from the companies breaking the law. With no standing or opportunities to amend left, the complaint is tossed in its entirety and the case is directed to be closed.
Court: USDC Montana, Judge: Morris, Filed On: February 20, 2024, Case #: 4:21cv92, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Class Action, Racketeering
J. Sheridan dismisses several claims contending defendant misrepresented the costs of a start-up to a clothing manufacturer, incorrectly billed the company for services, wrongfully incurred U.S. customs fines, and fabricated lease documents. Certain testimony the executives provided about wire transfers was not credible, and evidence suggests a lack of due diligence on the part of the company. However, several counterclaims should be dismissed for failure to establish legal entitlement to commissions or prove a written contract existed.
Court: USDC New Jersey, Judge: Sheridan , Filed On: February 15, 2024, Case #: 3:18cv5759, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Contract, Racketeering
J. Seeger denies a dental business management firm’s motion for summary judgment on RICO and state law fraud claims against a bank, and partially grants the bank’s motion for summary judgment on the same claims. The firm hired felons convicted of financial crimes to oversee its business operations, and blames bank employees for conspiring with the pair after they began embezzling the firm’s funds. The court finds there is insufficient evidence to back up these conspiracy and racketeering claims, and finds the state law allegations of fraud that occurred before Dec. 20, 2012, are time-barred. The state law claim stemming from alleged incidents after that date survive.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 14, 2024, Case #: 1:17cv9161, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Banking / Lending, Racketeering
J. Calabretta denies, in part, a company’s motion to dismiss an online consumer’s RICO and anti-phishing-related claims. She sufficiently pleads her unjust enrichment claim, and claims under Utah's Consumer Sales Practices Act and California's Anti-Phishing Act.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 13, 2024, Case #: 2:23cv1005, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Communications, Consumer Law, Racketeering
J. Vilardo transfers claims contending a company had been induced to purchase medical grade nitrile gloves, that most of the gloves had not been shipped, and that the gloves that had been received were of poor quality. One company is headquartered in Buffalo, but evidence did not indicate meetings or negotiations took place in the relevant district, while the contract dispute at the heart of the complaint concerns events that occurred in Manhattan.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: February 12, 2024, Case #: 1:22cv892, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Venue, Racketeering
J. Chen dismisses all RICO claims against X, formerly Twitter, from a migrant who studied in the United States for several years before being captured and allegedly tortured by the government of Saudi Arabia. He says he was captured for being critical of the Saudi government on his X account and that company officials conspired with the Saudi government to turn over his location and account information. He has failed to state any actionable claim under the Alien Tort Statute, and even if he did, his RICO claims are barred by the four-year statute of limitations.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 9, 2024, Case #: 3:23cv2369, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, International Law, Racketeering
J. Reidinger dismisses a RICO claim against a car dealership brought by a customer who claims it sold him a lemon, and that one affiliated individual is a member of Fruit of Islam, which the customer asserts is a hate group. The customer fails to demonstrate any pattern of criminal behavior on the part of the dealership or individual, but may amend his complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 8, 2024, Case #: 1:24cv39, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Business Practices, Racketeering
J. Alonso partially grants a physical therapy provider’s motion to dismiss RICO claims brought by two former patients. The patients claim the provider charged them the “full, rack-rate cost of services, instead of the insurance-negotiated rates they are contractually obligated to charge.” The court finds the patients have not sufficiently alleged racketeering claims or Illinois law fraud claims. One of the patient’s additional claims under the Maryland Consumer Protection Act stands, as do both patients unjust enrichment claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: January 26, 2024, Case #: 1:22cv1181, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Health Care, Racketeering
J. Rochon denies the lender's motion for judgment on the pleadings on claims it engaged in predatory lending, charging 345% interest on a loan of $400,000, plus five-figure service fees. The borrower has adequately alleged the agreements were loans rather than purchases of receivables, and the effective interest rates far exceed the limit in New York's usury law.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 19, 2024, Case #: 1:22cv2170, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Racketeering
J. Cole grants the suing property investor’s motion to compel production of documents from the sued fast food franchise operators. This case is a dispute over the finances and transactions needed to establish a a Hardee’s restaurant in Oswego, Illinois, over which the investor has accused the franchisers of racketeering in an effort to skip out on rent payments. The court finds that, given the RICO accusations, it’s important to uncover any evidence which could establish a record of communications between the individual operators.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv2697, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, Real Estate, Racketeering
J. Morrison denies, in part, the advertising firm's motion to dismiss, ruling the videoconferences it conducted with Ohio insurance technology firm and the service of work contracts signed between the companies satisfy Ohio's long-arm statute and give this court jurisdiction over the insurance technology firm's RICO lawsuit. Meanwhile, even though the executive at the insurance firm allegedly devised the sham services scheme, the advertising firm's submission of invoices and wiring of money from its own accounts to the executive's other business entity are sufficient to constitute conduct to establish a RICO claim at this stage.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: January 8, 2024, Case #: 2:23cv512, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, Racketeering
J. Garaufis grants Allstate's motion for a preliminary injunction and issues a stay on 40 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. The insurer successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 8, 2024, Case #: 1:23cv6572, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Injunction