{"id":678,"date":"2011-09-27T16:50:57","date_gmt":"2011-09-27T16:50:57","guid":{"rendered":"https:\/\/ricoact.com\/?page_id=678"},"modified":"2018-02-20T22:30:34","modified_gmt":"2018-02-20T22:30:34","slug":"marini-v-adamo","status":"publish","type":"page","link":"https:\/\/ricoact.com\/?page_id=678","title":{"rendered":"Marini v. Adamo"},"content":{"rendered":"

On September 26, 2011,\u00a0<\/span>Scott<\/a> and<\/span> Marianna<\/a> Moss\u00a0received word that the U.S. District Court for the Eastern District of New York denied a motion for summary judgment, which sought to dismiss RICO claims made by their\u00a0client, Rocco Marini.<\/span><\/p>\n

Jeff Grell consulted with<\/span> Scott<\/a>, Marianna<\/a> and Mr. Marini in opposing the motion for summary judgment.<\/span><\/p>\n

Click here<\/span><\/a><\/span> to read the full text of the opinion. \u00a0Although\u00a0happy with the outcome, Mr. Marini and his counsel respectfully disagree with the court’s position that the plaintiff must prove that particular acts of racketeering proximately injured the plaintiff. \u00a0The plaintiff asserts that the causal nexus must exist between the pattern of racketeering (not each individual act of racketeering) and the injury. \u00a0See Terminate Control Corp. v. Horowitz<\/em>, 28 F.3d 1335, 1347 (2d Cir. 1994) (noting that \u201ca pattern of racketeering activity may be based upon predicate acts . . . as long as one act injures<\/em> the plaintiff so as to create standing\u201d because \u00a7 1964(c) \u201caccords standing to \u2018[a]ny person injured in his business or property by reason of a violation\u2019\u201d)\u00a0 (citing Marshall & Ilsley Trust Co. v. Pate<\/em>, 819 F.2d 806, 809-10 (7th Cir. 1987) (\u201cProof of a \u2018pattern\u2019 is a first step . . . .\u00a0 Once a pattern is proven, . . . plaintiff need not prove . . . injury from each (or more than one) predicate act . . . .\u00a0 It would be illogical to require a plaintiff to show that all the acts adding up to a \u2018pattern\u2019 injured him . . . .\u00a0 [N]o case hold[s] that . . . while there was sufficient proof of . . . a pattern . . . , the plaintiff failed to show injury . . . from all<\/em> the predicate[s].\u201d) (other citation omitted) (emphasis in original)); Lutin v. New Jersey Steel Corp.<\/em>, 122 F.3d 1056 (Table), No. 96-9664, 1997 WL 447005, *8 (2d Cir. Aug. 7, 1997) (\u201c[RICO] liability may be found based on an agreement to commit predicate acts under \u00a7 1962, followed by at least one<\/em> predicate act that causes injury to the plaintiff\u201d) (emphasis added) (citing Terminate<\/em>, 28 F.3d at 1346 n.4.); Com-Tech Assocs. v. Computer Assocs. Int\u2019l<\/em>, 753 F. Supp. 1078, 1092 (E.D.N.Y. 1990) (\u201cThe injury must result from the \u2018pattern of racketeering activity,\u2019 not necessarily from each isolated predicate.\u201d) (citation omitted), aff’d<\/em>, 938 F.2d 1574 (2d Cir. 1991).<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

On September 26, 2011,\u00a0Scott and Marianna Moss\u00a0received word that the U.S. District Court for the Eastern District of New York denied a motion for summary judgment, which sought to dismiss RICO claims made by their\u00a0client, Rocco Marini. Jeff Grell consulted with Scott, Marianna and Mr. Marini in opposing the motion for summary judgment. Click here … Continue reading “Marini v. Adamo”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":126,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-678","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/P7IBZZ-aW","_links":{"self":[{"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/pages\/678","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ricoact.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=678"}],"version-history":[{"count":11,"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/pages\/678\/revisions"}],"predecessor-version":[{"id":1598,"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/pages\/678\/revisions\/1598"}],"up":[{"embeddable":true,"href":"https:\/\/ricoact.com\/index.php?rest_route=\/wp\/v2\/pages\/126"}],"wp:attachment":[{"href":"https:\/\/ricoact.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=678"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}