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Commercial Damages: A Guide to Remedies in Business Litigation
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-17 Commercial Damages: Remedies in Business Litig 17.syn


Private Civil Remedies under RICO


Editor-in-Chief: Charles L. Knapp

Chapter Summary


This chapter of Commercial Damages: A Guide to Remedies in Business Litigation (Matthew Bender) examines civil liability under the Racketeer Influence and Corrupt Organizations Act ("RICO").

The chapter identifies the elements that a plaintiff must show to state a claim for a violation of RICO liability, which are (1) conduct, (2) of an enterprise, (3) through a pattern, (4) and of racketeering activity. It also explains what a plaintiff must allege to satisfy the "pattern of racketeering activity" requirement. Next, the chapter discusses the requirement of proximate cause examines what constitutes an enterprise for purposes of RICO. Then, it covers standing to sue under RICO and addresses jurisdiction and service of process. Further, the chapter reveals the various state counterparts to the civil RICO statute and discusses the application of RICO to particular parties or contexts.

The chapter also examines what constitutes an injury to business or property under RICO, which may consist of loss of property, loss of money, damage to property, decrease in property values, increased costs or prices, or loss of profits. It next discusses the availability of equitable relief to civil RICO plaintiffs. Then, it addresses the availability of punitive damages, attorneys' fees, and prejudgment interest in a civil RICO action. The chapter concludes with a discussion of the two theories for measuring damages under RICO. One theory advocates adopting a uniform method of calculating damages for all RICO claims based on recovery under the Clayton Act, while under the other theory, the measure of civil damages is the harm that the predicate actions constituting the illegal pattern caused.

Commercial Damages: A Guide to Remedies in Business Litigation (Matthew Bender) provides expert analysis of specific remedies; examination of litigation costs, economic factors, and other relevant practical considerations for both plaintiffs' and defendants' attorneys; and coverage of specific situations in which the business entity has been damaged, including remedies for breach of contract for the sale or lease of goods, services and intangible rights, breach of commercial lease contracts, infringement of copyrights and patents and the improper use of trademarks and trade names, breaches under the United Nations Convention on Contracts for the International Sale of Goods, shareholder derivative actions, antitrust actions, and breach of contracts to invest or lend money.


Commercial damages,RICO,Racketeer Influence and Corrupt Organizations Act,pattern of racketeering,enterprise,standing,jurisdiction,service of process,statute of limitations,equitable relief,punitive damages,attorney's fees,prejudgment interest,measure of damages,Clayton Act


For coverage of specific performance, see Chapter 12.

For treatment of specific restitution and possessory remedies, see Chapter 13.

For discussion of injunctions and restraining orders, see Chapter 14.

For analysis of contractual clauses dealing with specific remedies, see Chapter 15.


For a comprehensive collection of jury instructions relating to such topics as breach of fiduciary relationship, interference with economic relationships, contracts, employment issues, patents, trademarks, copyrights, trade secrets, civil RICO, professional malpractice, and damages, see Jury Instructions in Commercial Litigation (Matthew Bender).

For excellent coverage of the RICO statute, from the pattern and enterprise elements, to the specific acts proscribed by the statute; the practical and procedural aspects of successfully litigating a civil RICO case, including defenses and remedies, analysis of all of the latest cases, and model forms, see Civil RICO (Matthew Bender).

For extensive coverage of a variety of business torts, such as breach of fiduciary duty, unjust dismissal, commercial defamation, deceptive advertising, interference with contract relations, antitrust violations, private RICO actions, intellectual property violations, products liability, liability for environmental impairment, and premises liability, see Business Torts (Matthew Bender).

For strategies and analysis of the issues involved in the introduction of and objection to particular evidence, see Federal Evidence Tactics (Matthew Bender).

For comprehensive and authoritative analysis of federal evidence law, with chapters organized by rule number, and discussion of the current state of the law as well as unsettled evidence issues, see Weinstein's Federal Evidence (Matthew Bender).
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