Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Joffroin v. Tufaro

Where, as here, plaintiffs bring claims analogous to shareholder derivative claims, the court applies a three-part test, from the 1992 5th U.S. Circuit Court of Appeals case Whalen v. Carter , to determine whether the plaintiffs satisfy general standing requirements: 1. whether the racketeering activity was directed against the corporation; 2. whether the alleged injury to the shareholders merely derived from, and thus was not distinct from, the injury to the corporation; and 3. whether state law provides that the sole cause of action accrues in the corporation. If each of these questions can be answered "yes," then the plaintiffs do not have the requisite standing. The court answered all three standing questions positively and the court found that appellants' other arguments are without merit; therefore, appellants lacked standing. 5th U.S. Circuit Court of Appeals, No. 09-30984, 05-13-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Published opinion

Before REAVLEY, PRADO, and OWEN, Circuit Judges.

Patrick Joffroin and forty-eight other homeowners (“Appellants”) in the Clipper Estates subdivision in Slidell, Louisiana appeal the district court’s dismissal of their lawsuit for lack of standing. Appellants are members of the Clipper Estates Master Homeowners Association (“CEMHOA”), and filed this lawsuit against the developers of the Clipper Estates subdivision (“Appellees”), alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961–68 (“RICO”). Appellants alleged that Appellees, through their control of the CEMHOA, neglected the common areas and diverted Appellants’ assessments for their own benefit. The district court dismissed after finding that Appellants’ alleged injuries derived from injuries to the CEMHOA and that Appellants lacked standing to bring a direct suit. Because the district court correctly applied our standing precedent, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements