RICO: causation requirement: to establish that an
injury came about “by reason of” a RICO violation, a plaintiff must show that a
predicate offense “not only was a ‘but for’ cause of his injury, but was the
proximate cause as well.” Holmes v. Securities Investor Protection
Corporation, 503 U. S. 258, 268. Proximate cause for RICO purposes should
be evaluated in light of its common-law foundations; it thus requires “some
direct relation between the injury asserted and the injurious conduct alleged.”
Ibid. A link that is “too remote,” “purely contingent,” or “indirect” is
insufficient. Id., at 271, 274; as the Court reiterated in Holmes,
“the general tendency of the law, in regard to damages at least, is not to go
beyond the first step,” id., at 271–272 (U.S.S.Ct., 25.01.10, Hemi Group
v. City, C.J. Roberts).
Monday, January 25, 2010
Hemi Group v. City
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