Group’s RICO Suit Against City WithdrawnMay 19, 2015 – In The News
Alain Leibman was quoted in the Cape May County Herald article, “Group’s RICO Suit Against City Withdrawn.” Full text can be found in the May 19, 2015, article, but a synopsis is below.
The case in which a concert and event managing company filed a civil action suit against the government officials for supposedly violating the Racketeer Influenced and Corrupt Organizations (RICO) Act was recently dropped.
The case was withdrawn because the plaintiff’s attorney would have been accused of filing a frivolous lawsuit otherwise.
The defending attorney, Alan Leibman said, “The federal RICO complaint relied on exactly the same set of facts which Point Break used to file at the state level.”
“There was a total lack of merit regarding its RICO complaint and if it went before the judge for initial consideration and then was dismissed by the judge the attorney’s fees and court costs would have been high. So they voluntarily withdrew because their suit was totally and blatantly without merit,” Leibman added.
Leibman was brought into the case as a consultant for the city. “There are certain legal doctrines which prohibit this type of filing when an identical or similar action has also been filed at the state level,” Leibman explained. “Federal RICO provisions however provide for treble damages, i.e. three times the amount in controversy, as well as legal fees so I think they (Point Break) were trying to use that to intimidate and harass the defendants.”