Recent Developments

Sunday, July 25, 2010

Two RICO Lawsuits Dismissed

The firm recently has obtained the dismissal, under FRCP 12(b)(6), of two lawsuits brought by employers under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), alleging that the defendant unions violated RICO by engaging in a "pattern of racketeering activity" the purpose of which was to "extort" an agreement concerning union recognition from the employer. The two lawsuits are: Cintas Corporation, et al. v. UNITE HERE, et al., slip op., 2009 WL 604099 (S.D.N.Y. March 9, 2009); and Wackenhut Corp. v. SEIU, 593 F. Supp. 2d 1289 (S.D. Fla. 2009).