BMW Drivers Can't Seek 3rd Circ. Revival Of RICO Claims Yet
By Jeannie O'Sullivan (March 25, 2021, 3:57 PM EDT) -- A New Jersey federal judge has refused to allow a proposed class of BMW drivers to immediately challenge the dismissal of racketeering allegations that the cars contained emissions-cheating software, reasoning Wednesday that it would be a "fruitless" appeal given the case law undergirding his decision.
U.S. District Judge Kevin McNulty declined to certify an interlocutory order for the drivers, knocking down the chance for Third Circuit review of his decision to toss the Racketeer Influenced and Corrupt Organizations counts in the drivers' suit, which still has dozens of pending state law claims.
The judge noted that an order of appealability must...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!