[Download] "Cross v. Kamin" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Cross v. Kamin
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 05, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Plaintiff, Blue Cross and Blue Shield of Michigan (Blue Cross), filed a civil RICO action against defendant, David Kamin. 18 U.S.C. §§ 1962(c) and 1964(c). Prior to this civil action being filed, Kamin, a chiropractor, had been convicted of criminal mail fraud in a prosecution stemming from fraudulent billings made by Kamin to Blue Cross. In the civil RICO action filed in November 1985, Blue Cross sought to recover $492,366.30 in actual damages sustained as a result of Kamins fraudulent submissions. After the usual discovery and pretrial procedures were completed, the case, in July 1987, was put on "stand-by" for trial. On August 26, 1987, the trial judge, sua sponte, issued an order dismissing the case. The trial courts action was predicated on the much discussed footnote 14 in Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496, 87 L. Ed. 2d 346, 105 S. Ct. 3275 (1985). The trial court found that Sedima dictated that "two or more acts of racketeering alone do not establish a pattern; the factors of continuity and relationship must also be present." The court then concluded relative to the Blue Cross complaint that "[while] the relationship element is satisfied, the court finds that plaintiff has failed to allege the continuity necessary to state a claim under RICO." At the time the trial court made its ruling, no motions were pending and the parties had both agreed in the final joint pretrial statement that jurisdiction was proper.

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