The Supreme Court has taken three cases in four years that asked when a cause of action accrues under the Racketeer Influenced and Corrupt Organizations Act (RICO). In the first two, the court failed to answer definitively. This time, in a unanimous opinion, the justices on Feb. 23 came close to resolving the issue but fell short, virtually ensuring reconsideration of this narrow procedural question.
In Rotella v. Wood, No. 98-896, the court rejected the more liberal option — delaying the start of the RICO clock until plaintiffs know or should know both of personal injury and the fact that it was inflicted as part of a pattern of corrupt activity. It instead adopted a narrower, more traditional rule: The statute of limitations starts running when the plaintiff knows or should know that he or she was injured — with no reference to a pattern.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]