Split 9th Circ. Panel Axes Grain Co.’s RICO Suit Against Union

Bizar Male
Law360 (June 28, 2021, 9:51 PM EDT) — A split Ninth Circuit panel affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act suit that a grain exporter brought against union employees accused of overstating their hours worked, ruling Monday that a collective bargaining agreement requires the claims to be arbitrated first.

In the 2-1, published decision, the panel majority said the lower court was right to toss the RICO suit from Columbia Export Terminal. It found that the Labor Management Relations Act requires arbitration to be exhausted before the claims can be considered by the courts, because resolution of the RICO claims depend on the analysis of…

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Next Post

Judge suspends early cutoff of unemployment aid in Indiana, saying it could cause "irreparable harm"

An Indiana judge said the state must continue paying enhanced unemployment benefits until a lawsuit on the issue is decided, ruling that ending the payments could cause “irreparable harm” if out-of-work residents can’t pay for housing or food.  The preliminary injunction comes as 26 states — with all but one, […]