No. 22-1159

Troy Newman v. Planned Parenthood Federation of America, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2023-06-01
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-rico false-identification interstate-commerce pattern-of-racketeering pattern-of-racketeering-activity predicate-acts proximate-cause rico-statute undercover-investigation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Related Cases: 22-1147 (Vide) 22-1160 (Vide) 22-1168 (Vide)
Question Presented (AI Summary)

Whether Respondents failed to establish a pattern of RICO predicate acts

Question Presented (from Petition)

QUESTIONS PRESENTED In a classic case of the “abortion distortion,” Planned Parenthood repackaged its PR black-eye over selling aborted baby parts into a court-approved RICO victory. This Court should grant review. Petitioner Troy Newman is a former board member of the Center for Medical Progress (CMP), which conducted an undercover investigation of fetal tissue trafficking. Investigators videotaped conversations at various locations. In July 2015, CMP published a series of videos, spurring two Congressional investigations that resulted in criminal and regulatory referrals concerning the tissue trafficking. Respondents sued Petitioner and his CoDefendants, alleging various claims, including civil RICO. A jury found in Respondents’ favor, and the district court rejected Petitioners’ legal defenses. The Ninth Circuit affirmed the judgment in large part, including as to RICO. The Ninth Circuit’s RICO decision conflicts with the precedents of this Court and other courts concerning predicate acts, pattern of racketeering activity, and proximate cause. The questions presented are: 1. Whether Respondents failed to establish a pattern of RICO predicate acts where a. the alleged pattern consisted of the production and transfer of false IDs that was completed before the launch of the undercover investigation, and b. the false IDs were produced and transferred entirely intrastate, while the _ relevant ii predicate violation requires an _ interstate commerce element. 2. Whether Respondents failed to establish a RICO claim when the alleged predicate acts (producing and transferring false IDs) did not proximately cause a direct injury to their business or property.

Docket Entries

2023-10-02
Petition DENIED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-09-01
2023-08-22
Brief of respondents Planned Parenthood Federation of America, et al. in opposition filed.
2023-06-21
Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2023.
2023-06-20
Motion to extend the time to file a response from July 3, 2023 to August 23, 2023, submitted to The Clerk.
2023-05-26

Attorneys

Planned Parenthood Federation of America, et al.
William Collins PerdueArnold & Porter Kaye Scholer LLP, Respondent
William Collins PerdueArnold & Porter Kaye Scholer LLP, Respondent
Troy Newman
Jay Alan SekulowAmerican Center for Law and Justice, Petitioner
Jay Alan SekulowAmerican Center for Law and Justice, Petitioner