Although the U.S. Supreme Court last week ducked the questions everyone expected it to answer in two unrelated challenges under RICO, the justices did tighten the reins on the law generally viewed by the business community as a legal plague.
Even though the Court on Monday turned aside E.I. du Pont de Nemours & Co.’s petition in a Benlate case, the issues not resolved last week — the scope of the “enterprise” definition in RICO and whether “reliance” is required in RICO mail and wire fraud claims — will continue to divide the lower courts and inevitably return to the Supreme Court, according to RICO litigators and scholars.
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