146 results for 'nos:"Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits"'.
J. Ludwig partially grants motions to dismiss from former employees and business partners of the car dealer claiming they violated multiple state and federal laws during a soured business deal related to the dealer's entry into the market for car financing and insurance products and services. Many of the dealer's "conclusory assertions" and "over-the-top rhetoric" do not fit the facts presented, so its RICO Act claims, Lanham Act claims and unjust enrichment claims against the former employees and one of the businesses it partnered with are dismissed. Surviving, in part, are trade secrets claims against three former employees and the business partner, and identity theft, civil conspiracy and aiding and abetting claims against the former employees.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: May 10, 2024, Case #: 2:23cv1204, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fiduciary Duty, Conversion, Contract
J. Wicks grants, in part, a motion to modify the court’s preliminary injunction in a RICO case involving several Long Island-based car dealerships. The court denies the litigant’s request for the return of 43 vehicles that are currently unacccounted for, finding they failed to produce any evidence at a hearing showing the defendants are in possession of the vehicles. The court, however, grants its request seeking permission to sell 30 vehicles subject to the order and to retain the proceeds, as well as its request compelling the defendants to cooperate with its intent to wind up its business operations.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, Racketeering
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J. Wicks grants in part a motion to seal personal information disclosed in series of prior motions to quash or for a protective order, which included the defendants’ social security numbers and corporate bank account information. Several court filings are sealed entirely, while the court allows a portion of the documents to be refiled with redactions. The rest will remain public because the defendants themselves waived their rights to privacy when they included the information in their court motions and allowed those documents to remain on the court docket for months without taking the appropriate action.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:23cv2370, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Privacy, Discovery
J. Frimpong denies in part a former senior vice president's motion for judgment as a matter of law and grants in part his motion for a new trial regarding his former employer's, a human tissue product seller's, allegations that he misappropriated trade secrets, breached relevant contracts and interfered with the company's prospective economic advantage. The jury properly found that the former employer's manufacturing process was confidential, and that the former employee used or disclosed this information. The breach of duty claims are not preempted by trade secret law. The damages are supported by the evidence. There were no legal errors that would justify granting a new trial. However, there was insufficient evidence of the former employee's ability to pay a punitive damages award. The parties are ordered to further brief the issue of an appropriate punitive damages award.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 17, 2024, Case #: 2:20cv3444, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Contract, Racketeering
J. Friedrich dismisses the assignees' claims against the drugmaker in their suit alleging a scheme in which the drugmaker donated its drugs to Patient Assistance Programs in an effort to push under-resourced patients benefiting from those programs into taking the drugmaker's drugs, then increase its prices to benefit from the resulting increase in health insurance claims for those drugs. The assignees have not shown that their unnamed assignors would have standing to pursue claims on their own, nor that their named assignors' would have standing to pursue state law claims. They have shown that they have standing to pursue the named assignors' federal RICO claims, but RICO does not provide a private right of action to pursue such claims by indirect purchasers. They also have not sufficiently pleaded any RICO predicate.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 30, 2024, Case #: 1:22cv1419, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Medicare, Racketeering
J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Class Action, Racketeering
J. Boardman grants a biotechnology firm’s motion to dismiss this RICO and fraud lawsuit that alleges the maker funneled kickbacks to pharmacies who referred patients to expensive medical services for patients with pulmonary arterial hypertension. United Healthcare has not plausibly alleged the scheme continued after January 2014, failed to plead the indirect purchasing rule and its mail and wire fraud allegations are not pleaded in detail. Therefore, the claims are time-barred and dismissed with prejudice.
Court: USDC Maryland, Judge: Boardman, Filed On: March 25, 2024, Case #: 8:22cv2948, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Health Care, Racketeering
J. Barker grants the Pomo Indian lender's motion to compel arbitration. The lender claims amounts due and owed on the borrower's loan for $1,100 at 335.43% interest are still outstanding. Though this class action claims the lending scheme is predatory and unlawful, a state law disclaimer in the contract does not render the delegation clause in the arbitration agreement unenforceable. The delegation clause does not prospectively waive the borrower's recourse to any federal rights.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 22, 2024, Case #: 1:23cv520, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Class Action, 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. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Damages, Assault
J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Tort, Racketeering