Douglas v. Hirshon, No. 22-1483 (1st Cir. 2023)
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The First Circuit affirmed the decision of the district court dismissing in part Plaintiffs' claims that a subset of Defendants participated in a conspiracy in violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. 1961-1968 and that this conspiracy injured Plaintiffs, holding that there was no error.
Plaintiffs brought this action alleging that Defendants engaged in several interrelated schemes to defraud Plaintiffs of Maine real estate. The district court dismissed the RICO conspiracy claim against two defendants, David Hirshon and LOSU, LLC, and denied Plaintiffs' motion seeking limited discovery from Hirshon. The First Circuit affirmed, holding that the district court did not err in (1) ruling that the complaint failed to state a RICO conspiracy claim against Hirshon and LOSU; (2) declining to consider certain documents outside the complaint in deciding a motion to dismiss; and (3) denying Plaintiffs discovery.
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