Financial institution secures complete dismissal with prejudice in Massachusetts civil RICO action
Client(s) Financial institution
Jones Day defended a financial institution in a Massachusetts Superior Court civil RICO action in which the plaintiff alleged a wide-ranging conspiracy against numerous defendants. The court allowed the defendants' renewed omnibus motion to dismiss and dismissed the first amended complaint with prejudice. The court agreed that the claims were time-barred and, independently, that the plaintiff failed to plead cognizable RICO injury or a plausible RICO enterprise. The ruling secured a complete pleadings-stage victory for the defense and foreclosed further amendment because the claims were untimely and not cognizable under RICO.