District Judge Katherine Polk Failla

 

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The Elsevier plaintiffs alleged defendants operated a scheme by which they obtained subscriptions to journals sold by plaintiffs at discounted rates, and resold those subscriptions to institutions otherwise obligated to pay full price. Only defendant Grossman proceeded to trial. Default judgments were entered against his codefendants. Finding that Grossman violated RICO but did not engage in a conspiracy to do so, and that Grossman breached one or more contracts with plaintiffs and converted their property, the jury awarded the Elsevier plaintiffs $11,108 in RICO damages and $6,201 for the contract breaches, but found plaintiffs not damaged by conversion. On Aug. 4, 2016 the court granted Grossman judgment as a matter of law on the RICO claim (RICO Motion). Finding good cause, district court granted plaintiffs’ Feb. 15, 2017 motion for a new trial against Grossman under FRCP 59 on the issue of domestic injury with respect to their RICO claims, and for leave to amend their amended complaint to set out supplemental domestic-injury claims as to codefendants Ibis Corp. and Publicações Técnicas Internacionais, against whom default judgments as to liability on plaintiffs’ RICO and RICO conspiracy claims were set aside.

District Judge Katherine Polk Failla

 

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The Elsevier plaintiffs alleged defendants operated a scheme by which they obtained subscriptions to journals sold by plaintiffs at discounted rates, and resold those subscriptions to institutions otherwise obligated to pay full price. Only defendant Grossman proceeded to trial. Default judgments were entered against his codefendants. Finding that Grossman violated RICO but did not engage in a conspiracy to do so, and that Grossman breached one or more contracts with plaintiffs and converted their property, the jury awarded the Elsevier plaintiffs $11,108 in RICO damages and $6,201 for the contract breaches, but found plaintiffs not damaged by conversion. On Aug. 4, 2016 the court granted Grossman judgment as a matter of law on the RICO claim (RICO Motion). Finding good cause, district court granted plaintiffs’ Feb. 15, 2017 motion for a new trial against Grossman under FRCP 59 on the issue of domestic injury with respect to their RICO claims, and for leave to amend their amended complaint to set out supplemental domestic-injury claims as to codefendants Ibis Corp. and Publicações Técnicas Internacionais, against whom default judgments as to liability on plaintiffs’ RICO and RICO conspiracy claims were set aside.