Case Updates
Cert. petition denied
April 28, 2014
U.S. Chamber urges Supreme Court to clarify Second Circuit decision in RICO class action
February 24, 2014
In the coalition brief, the U.S. Chamber asks the Supreme Court to review the Second Circuit’s decision certifying a RICO class action lawsuit. The brief argues that Supreme Court should grant review to address the availability of a class-wide “presumption” or “inference” of reliance outside the securities context. The Chamber argues that since RICO claims carry the threat of treble damages, the pressure to settle those cases upon certification is increased. In making it easier to certify sweeping RICO classes and expanding the damages plaintiffs can seek, the Second Circuit’s decision provides overwhelming incentives to bring such actions and to extract nuisance settlements.
The Chamber filed the brief jointly with DRI-The Voice of the Defense Bar.
Jonathan F. Cohn, David R. Carpenter and Wen W. Shen of Sidley Austin, LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.