Courts Take Conflicting Views on Class Certification in Consumer Product RICO Cases

April 01, 2008
Attempts to achieve class certification in putative consumer products class actions brought under RICO have met with mixed results. Two recent decisions—one from a Massachusetts district court and another from the Second Circuit—illustrate the divergent approaches and reinforce the view that the forum still counts. This update explains the courts’ respective views on reliance as an element in civil RICO claims, on proof of injury to “business or property” and on damages calculations.