Hannahoe v. Dana Corp (3rd Cir. 2002)

Federal Circuits, 3rd Cir. (January 30, 2002)

Docket number: 1-1961


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Citations:

U.S. Court of Appeals for the 3rd Cir. - Steamfitters Local Union No. 420 Welfare Fund; International Brotherhood of Painters and Allied Trades, District Council No. 21 Welfare Fund; International Brotherhood of Electrical Workers, Local Union No. 98, Health & Welfare Fund; Composition Roofers Union Local 30 Combined Health & Welfare Fund; Laborers' District Council Building and Construction Health and Welfare Fund; Carpenters Health & Welfare Fund of Philadelphia and Vicinity; Cement Mason'S Union Local No. 592, on Behalf of Themselves and all Others Similarly Situated, Appellants v. Philip Morris, Inc.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; B.A.T. Industries P.L.C.; Lorillard Tobacco Company, Inc.; Liggett & Myers Inc.; the American Tobacco Company; United States Tobacco Company; the Council for Tobacco Research--U.S.A., Inc.; the Tobacco Institute, Inc.; Smokeless Tobacco Council, Inc.; Hill & Knowlton, Inc., 171 F.3d 912 (3rd Cir. 1999)

U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 1962 - Sec. 1962. Prohibited activities

U.S. Court of Appeals for the 3rd Cir. - Allegheny General Hospital; Allegheny Valley Hospital; Armstrong County Memorial Hospital; Canonsburg General Hospital; Carbon- Schuylkill Community Hospital, Inc., D/B/a Miners Memorial Medical Center; Chambersburg Hospital; Forbes Regional Hospital; Hazleton--St. Joseph Medical Center; Lehigh Valley Hospital; Muhlenberg Hospital Center; Northeastern Pennsylvania Corporation, D/B/a Hazleton General Hospital; Saint Luke'S Hospital of Bethlehem; Saint Luke'S -- Allentown Campus; St. Luke'S Quakertown Hospital; Saint Vincent Health Center; Waynesboro Hospital, v. Philip Morris, Inc.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; B.A.T. Industries, Plc; the American Tobacco Company, Inc., C/O Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc.; United States Tobacco Company; Tobacco Institute, Inc.; the Council for Tobacco Research--Usa, Inc.; Smokeless Tobacco Council, Inc.; Hill & Knowlton, Inc., Allegheny General Hospital; Allegheny V..., 228 F.3d 429 (3rd Cir. 2000)

Text:

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 01-1961

JEFFREY A. HANNAHOE; EDWARD R. HANNAHOE, JR., ON BEHALF OF

THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,

Appellants

v. DANA CORPORATION; RODNEY RIGHTMYER; MICHAEL DANOWSKI; JOHN

A. KACZOR; DON LEWIS; JACK GLAZER; CHARLES HARTMAN; KENNETH

R. CARL; EDWARD OSENBACH; JOHN WRIGHT; HARRY WHITED; HAROLD

YERGER; EVERGREEN SYSTEMS, INC; BENARD "NICK" COLE;

P. MICHAEL GREENE; DAVID "BRUCE" BUTCHER; SOUTHWOOD MORCOTT;

EASTERN METALS, INC.; GARY MATZ; LARRY L. GOLDBERG;

ROBERT H. NASPINSKY; JOHN DOES 1-27

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

(District Court No.00-CV-5193)

District Court Judge: Eduardo C. Robreno

Submitted Under Third Circuit LAR 34.1(a)

January 14, 2002

Before: ALITO and ROTH, Circuit Judges, and SCHWARZER, Senior District Judge.

(Opinion Filed: January 31, 2002 )

MEMORANDUM OPINION OF THE COURT

PER CURIAM:

The facts and procedural background of this case are familiar to the parties. We

hold that the District Court properly granted defendants' motion to dismiss plaintiffs'

civil action under the Racketeer Influenced and Corrupt Organizations Act ("RICO").

See 18 U.S.C. 1962, 1964. The court below was correct in ruling that the plaintiffs

lacked standing.

This Court has held previously that "the Supreme Court has acknowledged that a

private plaintiff might validly plead (and even prove) that a defendant has committed [a

RICO] violation, but still lack standing ... if his own injury is too remotely connected to

it." Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc., 171 F.3d 912,

921 (3d Cir. 1999) (citing Holmes v. Securities Investor Protection Corp., 503 U.S. 258,

268 (1992)); see also Allegheny Gen. Hosp. v. Philip Morris, Inc., 228 F.3d 429, 443 (3d

Cir. 2000).

The decision of the District Court will be AFFIRMED.

TO THE CLERK OF THE COURT:

Kindly file the foregoing Opinion.

Circuit Judge

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