146 results for 'nos:"Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits"'.
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
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J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, Racketeering
J. Gleason dismisses the individual plaintiff's lawsuit, in which he seeks "to reopen a prior case." The court notes that the complaint is "fundamentally flawed" and provides the court with no basis to reopen the previous case. Additionally, to the extent that he attempts to assert a new claim under the Racketeer Influenced and Corrupt Organizations Act, the addition cannot revive a "barred action."
Court: USDC Alaska, Judge: Gleason, Filed On: July 21, 2023, Case #: 3:23cv46, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, Racketeering
J. Tunheim denies the toymaker, its principal and its successors' motion to dismiss the sports equipment seller's suit against them alleging that they engaged in a series of fraudulent transfers to avoid paying a judgment. Contrary to the toymaker and related entities' assertions, the sale of the majority of the sports equipment seller's assets to another party did not include its claims against the toymaker, so the sports equipment seller owns the judgment at issue and has plausibly alleged injury.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:19cv763, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Enforcement Of Judgments, Racketeering
J. Wicks grants the litigants' motion to compel non-party Suffolk County District Attorney's Office to unseal and produce criminal records related to prior investigations it conducted into one of the defendants, asserted in this RICO action, for crimes related to allegations that he tricked unsuspecting real-estate investors into executing mortgages and then using the funds to pay off previously fraudulently-induced mortgages. While the motion does not fit into any of the exceptions under N.Y. Criminal Procedure Law, the district court finds the documents relevant to their case and exercises its authority to unseal the criminal records and order their production.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 15, 2023, Case #: 2:21cv1224, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Discovery, Racketeering
J. Griggsby grants one in a group of pharmaceutical firms its motion to dismiss allegations of RICO violations brought by a class of probiotic medical buyers. The class argues that the firm, along with others party to this suit, removed an ingredient from a new version of their product but failed to update the label, thus engaging in false advertising. However, as this particular firm only manufactures, advertises and sells the product in Italy, the claims against it cannot stand.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv2173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Jurisdiction, False Advertising, Racketeering
J. Kocoras partially grants the defendant group of real estate developers’ motion to dismiss a RICO suit brought by one of its former financial managers. The former manager claims the developers used a number of business maneuvers to swindle him out of at least $500,000 while he was in the process of retiring. The court dismisses the former manager’s claims against some of the individual developers, but not all of them.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: May 16, 2023, Case #: 1:20cv5013, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Interference With Contract, Business Practices, Racketeering