No. 18-429

Joseph J. Germinaro, et al. v. Fidelity National Title Insurance Company, et al.

Lower Court: Third Circuit
Docketed: 2018-10-03
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-plaintiffs civil-procedure continuity continuity-requirement organized-crime ponzi-scheme racketeering racketeering-activity rico rico-act
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Is there a bright-line rule that the pattern of racketeering activity must extend beyond twelve months to satisfy continuity' under RICO?

Question Presented (OCR Extract)

QUESTION PRESENTED Under Title XI of the Organized Crime Control Act of 1970 (also known as the Racketeer Influenced and Corrupt Organizations Act (““RICO”)), is there a brightline rule that the pattern of racketeering activity must extend beyond twelve months to satisfy “continuity,” as the Third Circuit and four of its sister circuits have held, or is the duration of the racketeering activity just one of several factors courts must weigh in assessing continuity, as seven other circuits have held, such that the subject nine-and-a-half month Ponzi scheme, which deceived the petitioners and thousands of other victims, out of hundreds of millions of dollars, is actionable under RICO?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-09
Waiver of right of respondents Fidelity National Title Insurance Company, et al. to respond filed.
2018-09-12
Petition for a writ of certiorari filed. (Response due November 2, 2018)

Attorneys

Fidelity National Title Insurance Company, et al.
Erica L. CalderasHahn Loeser & Parks, LLP, Respondent
Erica L. CalderasHahn Loeser & Parks, LLP, Respondent
Joseph Germinaro, et al.
Michael Patrick DenverHollister & Brace, Petitioner
Michael Patrick DenverHollister & Brace, Petitioner