16 results for 'cat:"Jurisdiction" AND cat:"Racketeering"'.
J. Pittman finds that a litigant of a previous divorce proceeding does not have standing to sue judges and attorneys involved in the divorce case because both are immune from such actions. Furthermore, the litigant has produced no evidence to support their RICO claims that involve a scheme between judges, attorneys and the litigant’s bank to launder money through attorney fees to pay for property purchases. The litigant’s case is dismissed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: April 23, 2024, Case #: 4:23cv758, NOS: Other Statutory Actions - Other Suits, Categories: Immunity, jurisdiction, racketeering
J. Maldonado denies a home owner’s motion to amend their long-delayed RICO complaint against a bank and assorted real estate interests, and furthermore dismisses the complaint for lack of jurisdiction. The court finds it lacks jurisdiction over some of the real estate interests, and that there’s little indication the home owner's amended complaint would address the generally unactionable allegations of the complaint currently before the court.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: March 21, 2024, Case #: 1:15cv10610, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Real Estate, jurisdiction, racketeering
J. Griesbach grants one motion to dismiss and denies another in the Wisconsin-based firm's lawsuit against the Florida-based financial services company, the Nevada-based corporation and others alleging a conspiracy to get the firm to make a $1 million loan to the corporation using fraudulent carbon credits as leverage to secure the loan. It has not been established that the Florida-based company has sufficient contact with Wisconsin to establish personal jurisdiction, so it and its representatives are dismissed. Jurisdiction will be exercised over a Michigan-based consulting services company, and the sufficiently pleaded claims against it and its representatives will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 15, 2024, Case #: 2:23cv717, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, jurisdiction, racketeering
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
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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. Manasco finds that the district court properly abstained from exercising jurisdiction over a fraud and RICO action brought by the property owners against the bank arising from a dispute over the validity of a mortgage and an allegedly false promissory note. The district court correctly stayed the federal case pending conclusion of a related state court foreclosure action. Both cases involve similar parties and substantially similar issues related to the validity of the note and the existence of a lien on the property. Affirmed.
Court: 11th Circuit, Judge: Manasco, Filed On: January 4, 2024, Case #: 22-11355, Categories: Fraud, jurisdiction, 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. Simms grants a hotel franchisee its motion to transfer this suit to the U.S. District Court in Eastern Pennsylvania. The suit, originally brought by a group of franchisees, accuses its parent company of racketeering. The company previously compelled arbitration and had to submit monthly status reports to the court. In the instant case, the company failed to mention in its report that it pursued arbitration in Maryland instead of where the suit originated in eastern Pennsylvania. This deprived the presiding judge from retaining jurisdiction and returning the case to the docket for his resolution. The judge is correct that the case should be transferred back to Pennsylvania.
Court: USDC Maryland, Judge: Simms, Filed On: August 25, 2023, Case #: 8:23cv146, NOS: Arbitration - Other Suits, Categories: Arbitration, jurisdiction, 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