By: Daily Record Staff//October 2, 2023
By: Daily Record Staff//October 2, 2023//
United States Court of Appeals for the Second Circuit
Injury to business – Personal injury antecedent
Judges Walker, Lynch, and Robinson
Background: The plaintiff appealed from the grant of summary judgment to the defendants on his Racketeer Influenced and Corrupt Organizations Act claims. On appeal, he argues that the court erroneously held that he lacks RICO standing to sue for his lost earnings because those losses flowed from, or were derivative of, an antecedent personal injury.
Ruling: The Second Circuit vacated and remanded. The court held that RICO’s civil-action authorizes a plaintiff to sue for injuries to business or property. While the language implies that a plaintiff cannot sue for personal injuries, that negative implication does not bar a plaintiff from suing for injuries to business or property simply because a personal injury was antecedent to those injuries.
Jeffrey M. Benjamin, of the Linden Law Group, for the plaintiff-appellant; Roy A. Mutra and Scott D. Macuso, of Mura Law Group, for the defendants-appellees.