Hannahoe v. Dana Corp.

Third Circuit

Hannahoe v. Dana Corp.

27 F. App'x 128

Court of Appeals for the Third Circuit·Decided January 31, 2002·No. No. 01-1961·Published

Opinion

MEMORANDUM OPINION OF THE COURT

PER CURIAM.

The facts and procedural background of this case are familiar to the parties. We hold that the District Court properly granted defendants’ motion to dismiss plaintiffs’ civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). See 18 U.S.C. §§ 1962, 1964. The court below was correct in ruling that the plaintiffs lacked standing.

This Court has held previously that “the Supreme Court has acknowledged that a private plaintiff might validly plead (and even prove) that a defendant has committed [a RICO] violation, but still lack standing ... if his own injury is too remotely connected to it.” Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc., 171 F.3d 912, 921 (3d Cir.1999) (citing Holmes v. Securities Investor Pro[129] tection Corp., 503 U.S. 258, 268, 112 S.Ct. 1311, 117 L.Ed.2d 532 (1992)); see also Allegheny Gen. Hosp. v. Philip Morris, Inc., 228 F.3d 429, 443 (3d Cir.2000).

The decision of the District Court will be AFFIRMED.

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MEMORANDUM OPINION OF THE COURT

PER CURIAM.

The facts and procedural background of this case are familiar to the parties. We hold that the District Court properly granted defendants’ motion to dismiss plaintiffs’ civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). See 18 U.S.C. §§ 1962, 1964. The court below was correct in ruling that the plaintiffs lacked standing.

This Court has held previously that “the Supreme Court has acknowledged that a private plaintiff might validly plead (and even prove) that a defendant has committed [a RICO] violation, but still lack standing ... if his own injury is too remotely connected to it.” Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc., 171 F.3d 912, 921 (3d Cir.1999) (citing Holmes v. Securities Investor Pro[129] tection Corp., 503 U.S. 258, 268, 112 S.Ct. 1311, 117 L.Ed.2d 532 (1992)); see also Allegheny Gen. Hosp. v. Philip Morris, Inc., 228 F.3d 429, 443 (3d Cir.2000).

The decision of the District Court will be AFFIRMED.

Hannahoe v. Dana Corp., 27 F. App'x 128 (3d Cir. 2002).

Pincite

27 F. App'x 128 (Hannahoe v. Dana Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Allegheny General Hospital Allegheny Valley Hospital Armstrong County Memorial Hospital Canonsburg General Hospital Carbon- Schuylkill Community Hospital, Inc., D/B/A Miners Memorial Medical Center Chambersburg Hospital Forbes Regional Hospital Hazleton--St. Joseph Medical Center Lehigh Valley Hospital Muhlenberg Hospital Center Northeastern Pennsylvania Corporation, D/B/A Hazleton General Hospital Saint Luke's Hospital of Bethlehem Saint Luke's -- Allentown Campus St. Luke's Quakertown Hospital Saint Vincent Health Center Waynesboro Hospital v. Philip Morris, Inc. R.J. Reynolds Tobacco Company Brown & Williamson Tobacco Corporation B.A.T. Industries, Plc the American Tobacco Company, Inc., C/o Brown & Williamson Tobacco Corporation Lorillard Tobacco Company Liggett Group, Inc. United States Tobacco Company Tobacco Institute, Inc. The Council for Tobacco Research--Usa, Inc. Smokeless Tobacco Council, Inc. Hill & Knowlton, Inc., Allegheny General Hospital Allegheny Valley Hospital Armstrong County Memorial Hospital Canonsburg General Hospital Carbon-Schuylkill Community Hospital, Inc., D/B/A Miners Memorial Medical Center Chambersburg Hospital Forbes Regional Hospital Hazleton--St. Joseph Medical Center Lehigh Valley Hospital Muhlenberg Hospital Center Northeastern Pennsylvania Corporation, D/B/A Hazleton General Hospital Saint Luke's Hospital of Bethlehem Saint Luke's--Allentown Campus St. Luke's Quakertown Hospital Saint Vincent Health Center Waynesboro Hospital, in 99-4024, Armstrong County Memorial Hospital Carbon-Schuylkill Community Hospital, Inc., D/B/A Miners Memorial Medical Center Chambersburg Hospital Hazleton--St. Joseph Medical Center Lehigh Valley Hospital Muhlenberg Hospital Center Northeastern Pennsylvania Corporation, D/B/A Hazleton General Hospital Saint Luke's Hospital of Bethlehem Saint Luke's-- Allentown Campus St. Luke's Quakertown Hospital Saint Vincent Health Center Waynesboro Hospital, in 00-3101, Allegheny General Hospital Allegheny Valley Hospital Canonsburg General Hospital Forbes Regional Hospital, in 00-3102

228 F.3d 429 (Third Circuit, 2000)

Opinion

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