No. 25-391

Citigroup Inc. v. Otto Candies, LLC, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-10-02
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: circuit-split civil-litigation pslra racketeer-influenced rico securities-fraud
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the PSLRA bars a civil RICO claim based on conduct actionable as securities fraud by another potential plaintiff even if the particular RICO plaintiff could not bring a securities-fraud claim

Question Presented (OCR Extract)

In the Private Securities Litigation Reform Act (PSLRA), Congress barred plaintiffs from bringing claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) based on conduct already covered by the federal securities laws . In particular, the PSLRA provides that “no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities ” to establish a RICO violation. 18 U.S.C . § 1964(c). The question presented is whether the PSLRA bars a civil RICO claim based on conduct that is actionable as securities fraud by another potential plaintiff , even if the particular RICO plaintiff could not bring a securities -fraud claim . (II)

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-19
Reply of Citigroup Inc. submitted.
2025-12-19
Reply of petitioner Citigroup Inc. filed. (Distributed)
2025-12-03
Brief of Otto Candies, LLC, et al. in opposition submitted.
2025-12-03
Brief of respondents Otto Candies, LLC, et al. in opposition filed.
2025-11-03
Amicus brief of Washington Legal Foundation submitted.
2025-11-03
Amicus brief of Securities Industry and Financial Markets Association, Chamber of Commerce of the United States of America, and The Bank Policy Institute submitted.
2025-11-03
Brief amicus curiae of Washington Legal Foundation filed.
2025-11-03
Brief amici curiae of Securities Industry, et al. filed.
2025-10-10
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2025.
2025-10-08
Motion of Otto Candies, LLC, et al. for an extension of time submitted.
2025-10-08
Motion to extend the time to file a response from November 3, 2025 to December 3, 2025, submitted to The Clerk.
2025-09-30
Petition for a writ of certiorari filed. (Response due November 3, 2025)

Attorneys

Citigroup Inc.
Jeffrey B. WallSullivan & Cromwell LLP, Petitioner
Jeffrey B. WallSullivan & Cromwell LLP, Petitioner
Otto Candies, LLC, et al.
Derek L. ShafferQuinn Emanuel Urquhart & Sullivan, LLP, Respondent
Derek L. ShafferQuinn Emanuel Urquhart & Sullivan, LLP, Respondent
Securities Industry and Financial Markets Association, Chamber of Commerce of the United States of America, and The Bank Policy Institute
Charlotte Hemenway TaylorJones Day, Amicus
Charlotte Hemenway TaylorJones Day, Amicus
Washington Legal Foundation
Douglas Wesley GreeneBaker Hostetler LLP, Amicus
Douglas Wesley GreeneBaker Hostetler LLP, Amicus