United States Fourth Circuit

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US Airlines Pilots Ass'n v. AWAPPA, LLC, 08-1858

In 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, district court's judgment is affirmed where: 1) 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; 2) district court did not abuse its discretion in denial of leave to amend the complaint; and 3) district court did not err in denying plaintiffs' request for a temporary restraining order and preliminary injunction.

Appellate Information

  • Argued 03/23/2010
  • Submitted 07/30/2010
  • Decided 07/30/2010
  • Published 07/30/2010

Judges

  • <a href="http://pview.findlaw.com/view/1176701_1">MOTZ</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1162438_1">Lee R. A. Seham</a>, <a href="http://pview.findlaw.com/view/1961996_1">John Miller West</a>