International Brotherhood of Teamsters v. Blitz
Opinion of the Court
AMENDED SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED.
Plaintiff-appellant International Brotherhood of Teamsters (“Teamsters”) appeals the district court’s dismissal of its Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). We assume the parties’ familiarity with the underlying facts, procedural history and specification of appellate issues and hold as follows.
This court reviews the district court’s dismissal of a complaint for failure to state a claim de novo. Gmurzynska v. Hutton, 355 F.3d 206, 210 (2d Cir. 2004). “The settled rule is that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004) (internal quotation marks and citation omitted).
The Teamsters brought this RICO claim under 18 U.S.C. § 1962(c), which prohibits an individual from participating in an enterprise’s affairs “through a pattern of racketeering activity” and 18 U.S.C. § 1962(d), which prohibits an individual from participating in a conspiracy to violate 18 U.S.C. § 1962(c). A “pattern of racketeering activity consists of at least two [predicate] acts of racketeering activity committed in a ten-year period ... which amount to or pose a threat of continued criminal activity.” First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 178 (2d Cir. 2004) (internal quotation marks and citations omitted; alteration in original).
The district court held that the amended complaint did not sufficiently allege the so-called “continuity” element. “Open-ended” continuity, which is at issue
We therefore affirm the judgment of the district court.
Reference
- Full Case Name
- INTERNATIONAL BROTHERHOOD OF TEAMSTERS v. Charles BLITZ, Ron Carey, Ira Arlook, Rochelle Davis and William Hamilton, Jere NASH, November Group, Inc., Martin Davis, Share Group, Inc., Michael Ansara, Barbara Arnold, Citizen Action Management Fund, Cohen, Weiss and Simon, and Nathaniel Charny
- Cited By
- 3 cases
- Status
- Published