United States Sixth Circuit

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Brown v. Cassens Transp. Co., 05-2089

In an action alleging that defendants employed mail and wire fraud in a scheme to deny plaintiffs worker's compensation benefits under the Michigan Worker's Disability Compensation Act (WDCA), in violation of RICO, as well as raising state law intentional infliction of emotional distress (IIED) claims, dismissal of the IIED claims is affirmed but dismissal of the RICO claims is reversed where: 1) the WDCA does not preempt their RICO claims; and 2) plaintiffs sufficiently pleaded a pattern of racketeering activity given that reliance is not an element of a civil RICO fraud claim.

Appellate Information

  • Decided 10/23/2008
  • Published 10/23/2008

Judges

  • Before: MOORE and GIBBONS, Circuit Judges;  ACKERMAN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Marshall D. Lasser, Law Office of Marshall Lasser, Southfield, Michigan, for Appellants.  Janet E. Lanyon, Dean & Fulkerson, Troy, Michigan, Joan N. Pierson, The Williams Firm, Grand Blanc, Michigan, for Appellees.   ON BRIEF:  Marshall D. Lasser, Law Office of Marshall Lasser, Southfield, Michigan, for Appellants.  Janet E. Lanyon, Dean & Fulkerson, Troy, Michigan, Timothy R. Winship, The Williams Firm, Grand Blanc, Michigan, for Appellees.