United States First Circuit

In a suit against insurance companies and similar businesses asserting violations of the Racketeer Influenced and Corrupt Organizations Act, summary judgment for defendants is affirmed over plaintiffs' arguments that: 1) the district court erred in entering summary judgment sua sponte before the plaintiffs had an opportunity to engage in discovery as to the merits of their claims; and 2) even the limited evidence they were able to marshal at the time the court ordered summary judgment was sufficient to demonstrate genuine issues of material fact.

Appellate Information

• Decided 06/13/2007
• Published 06/13/2007

Judges

• HOWARD, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Cherie K. Durand, with whom Paul H. Hulsey, Reynaldo Quinones, Hulsey Litigation Group, LLC and G. Robert Blakey were on brief, for appellants.


• For Appellees:
  
• Gael Mahony, with whom Holland & Knight, LLP, Salvador Antonetti-Zequeira, César T. Alcover-Acosta, José L. Ramírez Coll, and Fiddler, González & Rodríguez were on brief, for appellees., Eduardo A. Zayas-Marxuach, with whom Roberto C. Quiñones-Rivera and McConnell Valdés were on brief, for appellee, MC-21 Corporation.