3rd Circ. Vexed By Timing Of Cancer Lab's RICO Suit

By Jeannie O'Sullivan (November 16, 2021, 2:38 PM EST) -- The Third Circuit on Tuesday questioned why onetime cancer screening company LabMD didn't sue former cybersecurity firm Tiversa over an alleged extortion scheme within the statute of limitations, suggesting that the lab appears to have known about the purported wrongdoing for more than a decade.

During an oral argument in Philadelphia, a three-judge panel probed the now-defunct Atlanta-based lab's position that it didn't know it had Racketeering Influenced and Corrupt Organization Act grounds to sue until a Tiversa whistleblower came forth in 2014, and that the four-year time limit for civil RICO claims should have been tolled until then.

But the...

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