General Motors RICO Ruling Is Case Study In Proximate Cause
Law360 (July 27, 2020, 2:59 PM EDT) -- For a Racketeer Influenced and Corrupt Organizations Act claim to be dismissed at the pleading stage is not unusual.
But when a federal district court recently dismissed the RICO counts in a lawsuit that General Motors filed against Fiat Chrysler Automobiles NV and its U.S. subsidiary, Fiat US LLC, there was reason to take note. The blue-chip law firms that drafted GM's complaint, comprising 198 paragraphs, 94 pages, 93 footnotes and assorted photographs, undoubtedly understood RICO's pleading requirements.
Yet on July 8, U.S. District Judge Paul Borman, of the U.S. District Court for the Eastern District of Michigan held that because Fiat...
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