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Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon

Randy D. Gordon

To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …

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A Question Of Taste: Touchtones For Determining The Certifiability Of Class-Wide Claims For Declaratory And Injunctive Relief Under Rule 23 Of The Federal Rules Of Civil Procedure, Randy D. Gordon

Randy D. Gordon

Although the United States Supreme Court in its most recently completed term sharply curtailed the scope of class actions brought under Rule 23(b)(2) of the Federal Rules of Civil Procedure, questions under that Rule still abound. One of the open issues is how a court should treat a request to certify a class seeking declaratory or injunctive relief where members of the putative class disagree as to the desirability or efficacy of the requested relief. This Article develops a rubric for analyzing this type of scenario and determining whether alleged conflicts amongst members of a putative class are sufficient to …

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Rethinking Civil Rico-The Vexing Problem Of Causation In Fraud-Based Claims.Pdf, Randy D. Gordon

Randy D. Gordon

To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …

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Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon

Randy D. Gordon

A Question Of Taste: Touchtones For Determining The Certifiability Of Class-Wide Claims For Declaratory And Injunctive Relief Under Rule 23 Of The Federal Rules Of Civil Procedure, Randy D. Gordon

Randy D. Gordon

Rethinking Civil Rico-The Vexing Problem Of Causation In Fraud-Based Claims.Pdf, Randy D. Gordon

Randy D. Gordon