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United States Second Circuit


Empire Merchants LLC v. Reliable Churchill LLLP, 17‐0887

Affirmed the dismissal of a liquor distributor's claim under the RICO statute against other liquor distributors. The New York metropolitan area's exclusive distributor for many leading brands of liquor brought this suit alleging that two of Maryland's largest liquor distributors were smuggling liquor into New York, cutting into its sales. The district court dismissed the case because the smuggling operation, as alleged, did not directly cause the plaintiff to lose sales, and therefore the plaintiff did not adequately allege proximate cause under RICO. Agreeing, the Second Circuit affirmed.

Appellate Information

  • Published 2018/08/28

Judges

  • Livingston

Court

  • United States Second Circuit

Counsel

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