U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Airline Pilots Association's RICO Suit

US Airlines Pilots Ass'n v. AWAPPA, LLC, 08-1858, involved a US Airline Pilots Association's (USAPA) suit against the America West Airlines Pilots Protective Alliance, LLC (AWAPPA) and others, pursuant to the Racketeer Influenced and Corrupt Organization Act (RICO), seeking an injunction and damages claiming that the defendants engaged in extortionate acts that constitute a pattern of racketeering activity.  In affirming the district court's judgment, the court held that the district court did not err in granting defendants' motion to dismiss the complaint, as USAPA has failed to state a cognizable RICO claim because the appropriate "commonsensical, fact-specific" examination of the allegations in USAPA's complaint fails to yield a pattern of racketeering activity.  Also, the district court did not abuse its discretion in denial of leave to amend the complaint, nor did it err in denying plaintiffs' request for a temporary restraining order and preliminary injunction.

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