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Kim v. Kimm

Alleged Prior Litigation Activities Do Not Constitute Predicate Acts Under RICO

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*1 Plaintiff-Appellant Daniel Kim appeals from a judgment entered in favor of Defendants-Appellees Michael S. Kimm, Michael-Hyun W. Lee, Hyung Suk Choi, Chul Ho Park, Charlie Park, Jin Young Chung, Charlie and You, Inc., and*2

Swan U.S.A., Inc., by the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge). Kim alleges that the defendants were members of two enterprises that conspired to sue him for, inter alia, trademark infringement, and brings claims against them pursuant to the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1961, et seq. In two opinions, the district court granted the defendants’ motion to dismiss, denied the plaintiff’s motions to disqualify the defendants’ counsel and for leave to amend his amended complaint, and denied the defendants’ motion for sanctions. We agree with the district court’s resolution of these motions. Accordingly, the judgment of the district court is AFFIRMED.Robert Sack, Circuit JudgeThe plaintiff Daniel Kim brings this action pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1961, et seq., alleging that the defendants engaged in a scheme to fraudulently bring suit

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