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Matthew Bender Practice Guide: California Unfair Competition and Business Torts
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-11 MB Practice Guide: CA Unfair Comp & Bus Torts 11.syn


Title

Civil RICO in California

Author

Consultants: Bruce Simon, the Hon. Elia Weinbach, and Justice Conrad Rushing

Chapter Summary


ABSTRACT TEXT:

Civil RICO is an unusually potent weapon. A prevailing plaintiff stands to receive treble damages and attorneys' fees while a defendant, regardless of outcome, is subject to the stigmatizing effect of being accused of a quasi-criminal act. The combination of potency, breadth and complexity has generally made courts cynical about civil RICO claims. Consequently, it has become increasingly difficult for civil RICO plaintiffs to prevail. The practitioner who only makes a vague attempt at a colorable RICO claim, perhaps in the midst of a complaint filled with a variety of causes of action, could be exposing him or herself to sanctions.

This chapter addresses civil RICO claims and the strategies for dealing with them. Major topics include: definitions of essential aspects of the RICO statute; proving the elements of a RICO claim; assessing remedies for a RICO claim; and defending against a RICO claim. The chapter also includes sample complaints.

Matthew Bender Practice Guide:CaliforniaUnfair Competition and Business Torts offers practical guidance for attorneys to litigate or defend actions under 17200, the unfair competition statute. The volume includes coverage of business torts, including fraud/deceit, interference with contract/economic advantage, commercial defamation and trade libel, misappropriation/conversion. Intellectual property topics include trade secrets and California state trademark. An extensive coverage of damages and injunctions is included in each relevant chapter. The publication provides checklists, key forms, and practical tips in the form of Strategic Points, Timing, Traps, and Judge's Perspective, to assist litigators in focusing on the most critical issues.

CORE TERMS:

California,unfair competition,business torts,section 17200,UCL,RICO,civil RICO

RELATED CHAPTERS: (View)

For a general discussion of strategy, see Ch. 1, Strategy Overview.

OTHER RELATED PUBLICATIONS:

See Business Torts (Matthew Bender) for coverage of a variety of important business torts.

See California Torts (Matthew Bender) for sweeping treatment of current California tort law, as well as analysis of unsettled areas, including: negligence; effect of workers' compensation law; medical, legal and other professional malpractice; intentional torts; wrongful termination; discrimination and harassment; public entity liability and claims procedure; and insurance claims.

See California Pleading & Practice (Matthew Bender) for detailed analysis on all aspects of procedure in civil actions and proceedings from pleadings to appeal, along with timesaving forms, checklists and research guides.
 
 
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