United States Second Circuit

In an action alleging civil violations of the Racketeer Influenced and Corrupt Organization Act (RICO) and the Computer Fraud and Abuse Act (CFAA), dismissal of plaintiff's amended complaint is affirmed where: 1) the alleged facts established neither a close-ended nor open-ended continuity to prove a pattern of racketeering activity for a substantive violation of RICO; and 2) plaintiffs did not challenge the dismissal of their CFAA claims.

Appellate Information

• Decided 03/18/2008
• Published 03/18/2008

Judges

• LIVINGSTON, Circuit Judge:, Before:  SACK, HALL, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mitchell I. Weingarden, Marsh Menken & Weingarden PLLC, White Plains, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• David Henry Sculnick, Gordon & Silber P.C., New York, NY, for Defendants-Appellees World Child International Adoption Agency, Jenkins & Povtak, Susan Dibble, Doreen Whitaker, Sharrell J. Goolsby, Carl A. Jenkins, and Foundation of World Child, Inc.