Second Circuit

Kim v. Kimm, No. 16-2944 (2d Cir. 2018)

Justia: Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961, et seq., challenging the district court’s judgment in favor of defendants. In this case, plaintiff alleged that defendants were members of two enterprises that conspired to sue plaintiff for, inter alia, trademark infringement. The Second Circuit held that the alleged litigation activities did not constitute RICO predicate acts. The court also held that the district court did not abuse its discretion in denying plaintiff leave to amend, plaintiff’s motion to disqualify, and defendants’ motions for sanctions. Accordingly, the court affirmed the judgment.