Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Western Associates Limited Partnership v. Market Square Assocs.

RICO plaintiff failed to allege continuing pattern of racketeering activity by asserting single fraudulent scheme that resulted in single harm to one set of victims, albeit over eight-year time frame.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The full case caption appears at the end of this opinion.

Rogers, Circuit Judge: In this appeal the court again addresses the continuity prong of the “pattern of racketeering activity” requirement of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. s 1961, et seq. Western Associates Limited Partnership (“Western”) sued various individuals and investors associated with Market Square Associates (collectively, “Market”), its partner in the development of a real estate project known as Market Square. Western alleged violations under RICO and District of Columbia law based on an accounting dispute in the partnership. The district court, applying the multi-factor analysis of Edmondson & Gallagher v. Alban Towers Tenants Association, 48 F.3d 1260 (D.C. Cir. 1995), dismissed the complaint pursuant to Fed. R. Civ. P. 12(b)(6) because Western failed to allege the requisite pattern of racketeering activity. [FOOTNOTE 1] Western contends that in finding the “continuity” element lacking, the district court erred by failing to focus on the length of the time period during which Market’s predicate acts occurred, and misread Edmondson. We disagree, and accordingly we affirm.

I.

Market Square is a mixed-use property in downtown Washington, D.C. that consists of office and retail space and residential condominium units. In 1985, Western, a District of Columbia limited partnership, formed Avenue Associates Limited Partnership (“Avenue Associates”) to “develop, own, manage, and ultimately dispose of the Market Square Project.” In 1987, Western invited Market Square Associates, a Washington, D.C. general partnership, to join Avenue Associates. Upon completion of the construction of the project, Western held a 30 percent limited partnership interest, and Market Square Associates owned a 67.5 percent limited partnership interest and a 2.5 percent general partnership interest.

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
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Associate Attorney

McDermott Law, LLC, a boutique Plaintiffs-focused firm located in the Denver Tech Center, has an opening for a full-time associate attorney....


Apply Now ›
Associate Attorney

Beitchman & Zekian, P.C. seeks a motivated and ambitious attorney with 2 to 4 years of civil and business litigation experience for its ...


Apply Now ›
Director of Personal Injury

Job Summary: The Director of Operations will be responsible for the strategic and operational management of the firm's Personal Injury pract...


Apply Now ›
Go to Lawjobs