144 results for 'nos:"Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits"'.
J. Dorsey finds in favor of the Ultimate Fighting Championship in fighter Mark Hunt's lawsuit alleging that the UFC booked him in a fight against Brock Lesnar despite knowing that Lesnar was using performance-enhancing drugs. Hunt fails to provide evidence to show that the UFC intentionally encouraged Lesnar to use prohibited substances or that it knew he was using performance-enhancing drugs. "Each of Hunt's fraud theories requires far too many inferential leaps and ignores too much contrary evidence for a reasonable jury to find in his favor."
Court: USDC Nevada, Judge: Dorsey , Filed On: September 26, 2023, Case #: 2:17cv85, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
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J. Skahill allows plaintiff to amend class claims contending defendants fraudulently removed funds from escrow accounts to pay illegal fees. The estate did not disregard the previous scheduling order, and no undue delay occurred in adding a subclass of plaintiffs or amending the complaint. Meanwhile, defendants may challenge the sufficiency of the class representative at a later point in the litigation, and additional discovery would not be unduly burdensome.
Court: USDC New Jersey, Judge: Skahill , Filed On: September 8, 2023, Case #: 1:20cv12130, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Discovery, Class Action
J. Rubin partially grants a group of firms involved in manufacturing and procuring face masks their motion to dismiss allegations of RICO violations and fraud brought by a marketing company. The company agreed to purchase a large number of masks, but the masks the group provided did not meet FDA approval as promised. The RICO claims are dismissed as the company was unable to establish a long-term intentionally criminal scheme. However, the company has plausibly alleged fraud against all the firms because of their deception when they sold the insufficient masks to the company while claiming the masks were FDA-approved.
Court: USDC Maryland, Judge: Rubin, Filed On: September 6, 2023, Case #: 1:21cv1472, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Contract, Racketeering
J. Starr awards more than $2.6 million in attorney fees and costs to a group of companies that prevailed on fraudulent transfer claims against them. The requested $6 million in fees and costs is reduced, in part, because they failed to support their lodestar calculation.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: August 30, 2023, Case #: 3:14cv2970, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Attorney Fees, Racketeering
J. Rakoff finds for the lenders in a RICO and fraud suit filed by an urgent care facility related to six merchant cash advance agreements. Under North Carolina law, the transactions are not unlawful, as its usury statute does not apply to loans greater than $25,000.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: August 28, 2023, Case #: 1:22cv1245, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Racketeering
J. Tharp denies a third party investment firm’s motion to compel arbitration in this RICO suit, finding it waited too long before making the motion. The court also finds that, as it was not a signatory to the underlying disputed loans between a lending firm and a borrower, it has not shown any nonparty enforcement doctrine under Illinois law that could compel arbitration.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: August 25, 2023, Case #: 1:22cv750, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Arbitration, Banking / Lending, Racketeering
J. Burroughs partially dismisses the insurance company's racketeering claims against the biohazard remediation services company. To successfully state a claim for racketeering, the insurance company would have to establish a clear distinction between the person or people and the entity involved, beyond just naming the people involved separately if they are the enterprise's employees, agents or affiliates. The remediation services company's counterclaim for commercial disparagement is also dismissed, as the company fails to allege that the insurance company made statements about it knowing that those statements were false.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: August 23, 2023, Case #: 1:22cv11052, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Insurance, Racketeering
J. Leinenweber denies a lending service’s motion to dismiss a former customer's fraud and RICO class action claims and compel arbitration in their place. The lending service is associated with the South Dakota-based Flandreau Santee Sioux Tribe, and the customer claims the service hides its predatory, high-interest lending practices under the guise of tribal sovereignty despite the tribe itself receiving less than 3% of its revenue. The federal court finds that compelling arbitration would shunt the case to tribal courts, which it claims have neither subject matter jurisdiction over loan borrowers nor relevant arbitration laws. Leinenweber thus concludes that granting the lending service’s motion would be “unconscionable.”
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 9, 2023, Case #: 1:22cv1063, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Native Americans, Banking / Lending, Class Action
J. Nye denies a custom-built boat and trailer company's motion to dismiss a customer's allegations that the company did not deliver the jetboat he purchased on time. The customer further alleges that a bank would pay the company a kickback for referring customers to the bank for financing their boat purchases. The company failed to obey the court's order to appoint new counsel, and has not appeared or motioned before the court in nearly seven years, therefore its motion to dismiss is denied.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 1:15cv314, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Racketeering