How this document has been cited
When a court evaluates a RICO claim for proximate causation, the central question it must ask is whether the alleged violation led directly to the plaintiff's injuries
- in McNulty v. REDDY ICE HOLDINGS, INC., 2009 and 450 similar citations
In order for a RICO violation to proximately cause an injury, the plaintiff must show that "the alleged violation led directly to the plaintiff's injuries."
- in Bartlett v. Bartlett, 2017 and 61 similar citations
Id. "[A] second discontinuity between the RICO violation and the asserted injury" was that the plaintiff's "lost sales could have resulted from factors other than [the] alleged acts of fraud."
- in SAFE STREETS ALLIANCE v. HICKENLOOPER, 2017 and 60 similar citations
"[T] he compensable injury flowing from a [RICO] violation... `necessarily is the harm caused by [the] predicate acts.'"
- in City of NY v. Fedex Ground Package System, Inc., 2016 and 67 similar citations
Under 18 USC § 1964 (c), a civil racketeering plaintiff must show direct injury to his or her "business or property" that was proximately caused by the defendant's RICO violation.
- in Ausley v. CROSS COUNTY WATER SUPPLY CORPORATION, 2009 and 34 similar citations
The Court in Allison Engine specifically noted that its reading would "protect the Government from loss due to fraud but also ensures that `a defendant is not answerable for anything beyond the natural, ordinary, and reasonable consequences of his conduct.'"
- in US ex rel. Ven-A-Care v. Actavis Mid Atlantic LLC, 2009 and 38 similar citations
—holding that the defendant's act of lowering prices was entirely distinct from its alleged RICO fraud of not charging sales tax, which defrauded the State of New York, not the plaintiff, a competitor company of defendant
- in US EX REL. GUZALL v. City of Romulus, 2017 and 30 similar citations
A RICO plaintiff cannot circumvent the proximate-cause requirement simply by claiming that the defendant's aim was to increase market share at a competitor's expense
- in NMOHC, LTD. v. Presbyterian Healthcare Services, 2014 and 61 similar citations
"The requirement of a direct causal connection is especially warranted where the immediate victims of an alleged RICO violation can be expected to vindicate the laws by pursuing their own claims."
- in CAYUGA NATION EX REL. CAYUGA NATION COUNCIL v. Parker, 2022 and 72 similar citations
Cited by
652 F. 3d 310 - Court of Appeals, 2nd Circuit 2011
Court of Appeals, 2nd Circuit 2011
559 US 1 - Supreme Court 2010
576 F. Supp. 2d 694 - Dist. Court, WD Pennsylvania 2007
Cal: Court of Appeal, 2nd Appellate Dist., 7th Div. 2017
Supreme Court 2010
519 F. 3d 969 - Court of Appeals, 9th Circuit 2008
541 F. 3d 425 - Court of Appeals, 2nd Circuit 2008
465 F. 3d 1277 - Court of Appeals, 11th Circuit 2006
44 F. 4th 548 - Court of Appeals, 6th Circuit 2022