Eleventh Circuit Holds That An Already-Married Couple Can Form An “Association-In-Fact” Enterprise Under The Civil RICO Statute Without Creating A New Entity
Posted on Feb 6, 2019 in Commercial Law | Comments Off on Eleventh Circuit Holds That An Already-Married Couple Can Form An “Association-In-Fact” Enterprise Under The Civil RICO Statute Without Creating A New Entity
This week, in Al-Rayes v. Willingham, 2019 WL 441325 (11th Cir. Feb. 5, 2019) the Eleventh Circuit held that a married couple cannot escape civil liability under the Racketeer Influenced and Corrupt Organizations Act solely on the basis that their marriage preceded the illegal acts and they did not form a formal entity in executing those acts. In 2006, the plaintiff in this case, Mr....
Court Revives Challenge to Stranger-Originated Life Insurance Policies (STOLIs)
Posted on Oct 9, 2018 in Insurance | Comments Off on Court Revives Challenge to Stranger-Originated Life Insurance Policies (STOLIs)
In Sun Life Assurance Co. of Canada v. Imperial Premium Finance, LLC, 2018 WL 4443054 (11th Cir. Sept. 18, 2018), the Eleventh Circuit reversed the dismissal of fraud and breach of contract claims related to the sale of life insurance policies to strangers to the insureds. Sun Life Assurance Company sold life insurance to senior citizens, who, in some cases, obtained premium financing...
Unlawful and Non-Competitive Parallel Conduct is Still Insufficient to State a RICO Claim
Posted on Mar 16, 2017 in Civil Procedure, Class Actions | Comments Off on Unlawful and Non-Competitive Parallel Conduct is Still Insufficient to State a RICO Claim
The Eleventh Circuit relied on Twombly’s heightened pleading standard in affirming a dismissal for failure to state a RICO claim in Almanza v. United Airlines, 2017 WL 957191 (11th Cir. Mar. 13, 2017). The plaintiff Mexican nationals, representing a putative class, were charged a tourism tax by the defendant airlines as part of their airfare, purportedly required under Mexican law,...
CAFA’s Local-Controversy Provision Can’t Trump Federal-Question Jurisdiction
Posted on Mar 7, 2017 in Civil Procedure, Class Actions, Jurisdiction | Comments Off on CAFA’s Local-Controversy Provision Can’t Trump Federal-Question Jurisdiction
The Eleventh Circuit reinstated a federal RICO case but approved the denial of a motion to remand it to state court under the Class Action Fairness Act (CAFA) in Blevins v. Aksut, No. 16-11585, 2017 WL 782288 (11th Cir. Mar. 1, 2017). The court’s opinion confirms that CAFA’s local-controversy provision, 28 U.S.C. § 1332(d)(4), does not strip federal courts of jurisdiction over...
Civil RICO Class Action Dismissal Affirmed
Posted on Sep 7, 2016 in Civil Procedure, Class Actions, Consumer Protection | Comments Off on Civil RICO Class Action Dismissal Affirmed
A civil RICO class action challenging Spirit Airlines’ “Passenger Usage Fee” landed for a second time in the Eleventh Circuit and this time the airline fared better: the court affirmed the dismissal of the amended complaint in a major opinion on RICO pleading standards authored by Judge Stanley Marcus. Ray v. Spirit Airlines, Inc., 2016 WL 4578347 (11th Cir. Sept. 2, 2016). The named...