Congress has long resisted pleas from federal courts to circumscribe civil RICO to preclude a remedy for so-called “garden variety” business disputes. These courts, including the U.S. Court of Appeals for the Third Circuit, thought RICO should be unavailable in cases arising from contractual disputes between sophisticated business entities, but historically permitted such claims to proceed, believing they were bound to do so by the language of RICO and its statutorily mandated “broad application.”
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