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Published byMoris Lamb Modified over 9 years ago
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By Jerry Marcinkoski Michigan Self Insurers’ Assocation Executive Secretary Emeritus Attorney, Of Counsel Lacey & Jones, Birmingham, Michigan
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“Any person injured in his business OR PROPERTY by reason of a violation of …. may sue therefor in any appropriate United States district court and SHALL RECOVER THREEFOLD THE DAMAGES HE SUSTAINS AND THE COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE …” 18 U.S.C. Section 1964(c).
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Exclusive Remedy Provisions Federalism/States’ Rights Concerns
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The defendants The plaintiffs The amici curiae M utually A ssured D estruction
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WC Statute does not foreclose RICO suit There’s an injury to “property” So what if the plaintiffs settled their wc cases? Plaintiffs win (temporarily)
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En banc decision: 10+1 vs 5 No injury to “property,” it’s a personal injury Defendants win U.S. Supreme Court declines to review or reverse
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Jackson decision did not turn on exclusive remedy or federalism Indications are that maybe congress could allow federal courts to entertain RICO suits to ensure a fraud-free workers’ compensation scheme But, right now ALL IS WELL!
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