Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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Plaintiffs, Mexican nationals, filed suit against defendants, international air transportation companies that transport passengers to and from the United States and Mexico, under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, alleging that defendants defrauded them by collecting a Mexican tourism tax in which they were exempt. Mexico imposed a tax on certain travelers who arrive in Mexico on flights that originated outside of Mexico, but exempted Mexican nationals and children under the age of two. The district court dismissed the case with prejudice. The court concluded that, although defendants' conduct regarding the tax was very troubling, plaintiffs failed to allege the existence of an express agreement, let alone an "enterprise" under section 1962. Accordingly, the court affirmed the judgment. View "Almanza v. United Airlines" on Justia Law

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Plaintiff, seeking to represent a class of customers, filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, case claiming that Spirit engaged in an elaborate criminal enterprise involving the use of mail and wire fraud. The complaint specifically alleged that Spirit portrayed its Passenger Usage Fee as a government-imposed or authorized fee when, in fact, it was merely a portion of the base fare price of an airline ticket charged by the airline. On remand, the district court dismissed plaintiffs’ second amended complaint for failure to state a claim. The court affirmed, concluding that plaintiffs failed to adequately allege proximate cause; and they also failed to properly plead the existence of a RICO enterprise. View "Ray v. Spirit Airlines" on Justia Law