D'Addario v. D'Addario, No. 17-1162 (2d Cir. 2018)Annotate this Case
Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), seeking to recover the loss of the inheritance she would have received from her mother's estate if not for her brother's fraudulent schemes, and the approximately $200,000 in legal expenses that she incurred in the course of Connecticut state court proceedings in which she sought to remove her brother as executor. The district court dismissed the complaint for failure to state a claim and declined to exercise supplemental jurisdiction over the related state law claims.
The Second Circuit vacated and remanded, holding that plaintiff's claim for distribution of her inheritance and that of her mother's estate was not ripe under RICO because the Estate was not closed and the amount of the lost inheritance was too speculative; her claim under RICO for legal expenses incurred in pursuing her grievances against her brother and other defendants was ripe; she plausibly alleged that her legal expense injuries were proximately caused by defendants' RICO violations; she adequately pleaded that her brother, and Defendant Garvey, and Red Knot violated 18 U.S.C. 1962(b); and she adequately pleaded that all six defendants violated 18 U.S.C. 1962(c).