208 results for 'cat:"Racketeering"'.
J. Domenico dismisses a motivational speaker's RICO and trademark claims contending a woman repeatedly stalked, harassed, and defamed him online because he failed to prove she conspired to deprive him of financial gain or to specify which marks had been infringed.
Court: USDC Colorado, Judge: Domenico, Filed On: November 1, 2023, Case #: 1:20cv742, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trademark, Defamation, racketeering
J. Donnelly dismisses a self-represented litigant’s medical malpractice, civil rights and RICO lawsuit against a Staten Island-based healthcare provider on allegations its surgeons failed to recognize foreign objects inside his body during surgery, which he claims were originally left in his body during a surgery performed in 2008. The court lacks jurisdiction to hear his medical malpractice claims and he fails to allege the defendants are state actors or committed any predicate acts to suggest a pattern of racketeering activity.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 25, 2023, Case #: 1:23cv6697, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Medical Malpractice, racketeering
J. Hodges finds that the trial court improperly allowed the borrower to dispute liability as to a number of claims after his default in a racketeering, fraud and breach of contract suit brought by the lender. The trial court incorrectly found that the borrower could refute the lender's right to recovery for fraud and a civil RICO violation despite the borrower's default admissions. The lender sufficiently alleged that he justifiably relied on the borrowers' misrepresentations when he loaned them money for a bogus business deal. The borrower admitted through his default that he conspired with the other borrower to commit theft by deception and to borrow the money without any intention of paying the lender back. The trial court incorrectly used inapplicable federal law to support the ruling that the lender's allegations do not establish a violation of Georgia's civil RICO law. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 24, 2023, Case #: A23A0836, Categories: Fraud, Contract, racketeering
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J. Shields denies a motion to disqualify one of the named defendants’ counsel in a civil conspiracy complaint on the basis that he himself is a defendant in the suit and would therefore violate New York’s witness-advocate rule as well as create a conflict of interest. The complaint alleges various officials with Nassau County, including the county’s surrogate court, abused the legal process to loot the litigant’s late husband’s estate for their own personal gain. The court finds the motion premature, as no discovery has taken place and the litigant’s arguments for disqualification are mere speculation.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: October 20, 2023, Case #: 2:22cv1696, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, racketeering
J. Rushing finds the lower court properly granted summary judgment to the Adidas on racketeering claims. The once highly touted basketball player failed to show how the bribery scheme initiated to get the prospect to play for Louisville personally injured him or his business. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: October 12, 2023, Case #: 21-1764, Categories: racketeering
J. Wiener finds the district court properly dismissed this RICO suit brought by the female assistant athletic director against Louisiana State University’s board of supervisors and athletics department, as well as the school’s lawyers, alleging that they engaged in efforts to conceal an investigative report involving alleged sexual harassment committed by the head football coach. The athletic director had failed to meet her burden of establishing that her professional injuries were proximately caused by the alleged illegal conduct. The suit would more appropriately have been brought as a retaliation suit for reporting of sexual misconduct rather an act of racketeering or conspiracy. Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 12, 2023, Case #: 22-30670, Categories: Education, Employment Retaliation, racketeering
J. Morgan orders lawyers for both sides of a high-profile wrongful termination suit not to ask to “follow” or “friend” any juror or potential juror on social networking sites during jury selection or trial. Both sides are also ordered not to attempt to gain access to Internet posts or profiles that are “not otherwise publicly available.” It is both standard and accepted practice in Louisiana courts to conduct open-source internet research of potential jurors. The trial court has broad discretion to manage jury selection, to maintain fairness and to protect privacy.
Court: USDC Middle District of Louisiana, Judge: Morgan, Filed On: October 11, 2023, Case #: 3:21cv198, NOS: Education - Civil Rights, Categories: Communications, Jury, racketeering
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
J. Mueller grants, in part, a preliminary injunction to the state on its case against an Indian-owned cigarette manufacturing company that allegedly fails to abide by California’s regulations and violates the Prevent All Cigarette Trafficking Act. It has shown a likelihood of success on the merits and the balance of hardships "sharply weighs in favor of California."
Court: USDC Eastern District of California, Judge: Mueller, Filed On: September 11, 2023, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Government, racketeering, Injunction
J. Higginson finds the district court properly imposed the “standard” conditions of supervised release for defendant’s sentencing on his conviction for participating in a racketeering enterprise. The court satisfied the oral pronouncement requirement and there was no conflict with the written judgment. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-20163, Categories: Sentencing, racketeering