Pleading Civil RICO: Lessons From The Abbott Litigation

Law360, New York (March 29, 2017, 12:16 PM EDT) -- On Jan. 4, 2017, U.S. District Judge Carol Bagley Amon of the Eastern District of New York issued a memorandum and order dismissing civil Racketeer Influenced and Corrupt Organizations Act claims, including RICO conspiracy, and unjust enrichment claims in a massive, single case brought by Abbott Laboratories against 300 wholesale distributors and independent pharmacies dealing in its blood glucose test strips. (Abbott Laboratories et al. v. Adelphia Supply USA et. al., 15-CV-5826).

The dismissal of the RICO and unjust enrichment claims not only eliminated Abbott's potential for treble damages in the case, but serves as a strong reminder for complex civil...

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