September 30, 2019

Fishkin Lucks Secures Dismissal of RICO and Fraud Claims in Ocean County, NJ

Fishkin Lucks obtained complete dismissal of civil RICO and fraud claims in a pair of cases brought in the New Jersey Superior Court, Ocean County against the Firm’s client, a prominent real estate developer. The companion cases brought by the client’s former employee and contractor involved a 28-acre piece of industrial property in the Bronx, New York that the client purchased out of bankruptcy and developed over the course of 15 years. After extensive briefing and hearings, the Court agreed with the Firm’s arguments that the RICO counts failed due to plaintiffs’ inability to allege the existence of an enterprise, a pattern of racketeering activity, or causation, and that the fraud counts failed due to plaintiffs’ inability to allege any material misrepresentations of existing fact upon which they relied.