RECENT FEDERAL DECISIONS

February 2004

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Eleventh Circuit Affirms Dismissal of RICO Action Premised on Environmental Pollution
Eugene C. Andersen v. Smithfield Foods, Inc.

The United States Court of Appeals for the Eleventh Circuit has affirmed the dismissal of an action under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. The case alleged that defendants had caused environmental pollution and later misrepresented the damage that resulted to plaintiffs’ land. The dismissal was based, in part, on the court’s conclusion that the plaintiffs had failed to allege how any misrepresentations caused injury to the plaintiffs.