Judge opines civil RICO claims survive plaintiff’s death

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 4, 2022 11:50 AM

U.S. District Judge Andrea R. Wood of the Northern District of Illinois had to pick between dueling decisions on whether a claim for trebled damages under the Racketeer Influenced and Corrupt Organizations (RICO) Act qualifies as a penal action that doesn’t survive the death of the plaintiff.Larry McKinney Sr. died a few months after filing a RICO complaint alleging several defendants conspired to cheat him out of $20 million. Arguing the RICO claim expired with McKinney because the damages would be automatically jacked up …

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