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The Sixth Circuit’s “Functional Approach” Regarding Distinctness
RICO
The Sixth Circuit’s “Functional Approach” Regarding Distinctness
The Sixth Circuit breaks with the Second Circuit and others and employs a “functional approach” to find a corporate...
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Second Circuit Affirms RICO Dismissal
RICO
Second Circuit Affirms RICO Dismissal
Cruz v. FX DirectDealer, LLC, 720 F.3d 115 (2d Cir. 2013) Issue:  Is a corporate RICO defendant distinct from...
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Court Rules on Auction House’s Civil RICO Claim
RICO
Court Rules on Auction House’s Civil RICO Claim
In 4K & D Corp. v. Concierge Auctions, LLC, the court granted in part and denied in part the...
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Sixth Circuit Overrules Prior Precedent Re: Injury to “Business or Property” Under RICO
RICO
Sixth Circuit Overrules Prior Precedent Re: Injury to “Business or Property” Under RICO
In Jackson V. Sedgwick, the Sixth Circuit, en banc, addressed the issue of whether plaintiffs who filed a class...
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Twenty Years Imprisonment for RICO Defendants Only If Special Findings by a Jury
RICO
Twenty Years Imprisonment for RICO Defendants Only If Special Findings by a Jury
U.S. v. Nagi, 541 Fed. Appx. 556 (6th Cir. 2013) In Nagi, the U.S. Court of Appeals for the...
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Plaintiff Failed to Satisfy Proximate Cause Test in Jackson v NAACP
RICO
Plaintiff Failed to Satisfy Proximate Cause Test in Jackson v NAACP
The court affirmed the lower court's dismissal of Jackson's RICO claim finding the plaintiff did not have a cause...
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