Second Circuit Upholds Dismissal of RICO Suit

The United States Court of Appeals for the Second Circuit has affirmed the order of District Judge David Larimer which dismissed a lawsuit brought against representatives of the Village of Perry under the Racketeer Influenced and Corrupt Organization Act (see previous Newsworthy item dated May 11, 2007). In the case of Moore v. Guesno, the Second Circuit, by Summary Order, agreed with Judge Larimer that the allegations of wrongdoing against G&I client, the Village of Perry, and the County of Wyoming did not constitute a pattern of racketeering activity as contemplated under the RICO statute. Attorney Joseph B. Rizzo said that "we have been successful in defeating three separate lawsuits brought by David Moore since 2002 over the same set of facts, and the Second Circuit's holding brings long-awaited finality to his baseless claims." Rizzo added that "not one of the three lawsuits survived beyond the pleading stage which only underscores that the allegations against the Village of Perry were meritless."