Walters v. McMahen, No. 11-1796 (4th Cir. 2012)
Annotate this CaseIn this case, a group of hourly-wage employees of Perdue Farms, Inc. (Perdue) filed a civil conspiracy action under 18 U.S.C. 1962(d) of the Racketeer Influenced and Corrupt Organizations Act (RICO). The plaintiffs alleged that certain corporate managers of Perdue, human resources staff, and plant managers conspired to hire aliens not authorized to work in the United States in an effort to reduce labor costs. They asserted that this illegal hiring practice has caused the depression of wages paid to all hourly-wage employees at certain Perdue facilities. The district court granted the defendants' motion to dismiss, holding that the plaintiffs failed to allege a civil conspiracy claim upon which relief could be granted. After review, the Fourth Circuit affirmed, and held that the plaintiffs failed to state a cause of action for civil conspiracy because they did not sufficiently allege a violation of two predicate RICO acts.
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