[DOWNLOAD] "Brown v. Cassens Transport Co." by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Brown v. Cassens Transport Co.
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 23, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

This case involves the dismissal of the claims of Plaintiffs-Appellants Paul Brown, William Fanaly, Charles Thomas, Gary Riggs, Robert Orlikowski, and Scott Way (collectively referred to as "plaintiffs") against Defendants-Appellees Cassens Transport Company ("Cassens"), Crawford & Company ("Crawford"), and Dr. Saul Margules (collectively referred to as "defendants") under Federal Rule of Civil Procedure 12(b)(6). The plaintiffs alleged that the defendants employed mail and wire fraud in a scheme to deny them workers compensation benefits under the Michigan Workers Disability Compensation Act ("WDCA"), MICH. COMP. LAWS § 418.301, in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961(1)(B), 1962(c), 1964(c), and that the defendants conduct constituted intentional infliction of emotional distress ("IIED") under Michigan law. The plaintiffs appealed the district courts dismissal of their RICO claims based on the reverse preemption of the RICO claims under the McCarran-Ferguson Act, 15 U.S.C. § 1012, and for failure to plead certain claims with particularity, for failure to allege a pattern of racketeering activity, and for failure to plead reliance on the defendants fraud. A divided panel of this court affirmed the district courts dismissal of plaintiffs RICO claims because plaintiffs had failed to plead detrimental reliance on alleged misrepresentations of defendants. The Supreme Court vacated our judgment and remanded for further consideration in light of Bridge v. Phoenix Bond & Indemnity Co., - U.S. -, 128 S.Ct. 2131 (2008), which held unanimously that a civil-RICO plaintiff does not need to show that it detrimentally relied on the defendants alleged misrepresentations.

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