U.S. Court of Appeals for the Fifth Circuit

Case Status


Docket Number

14-20128; 14-90004


Case Updates

Sitting en banc, Fifth Circuit upholds class-certification of RICO claims

September 30, 2016

In en banc proceedings, the Fifth Circuit affirmed the class certification of the district court.

Fifth Circuit reverses class-certification of RICO claims

October 16, 2015

A divided panel of the Fifth Circuit vacated the district court’s order certifying the class under Rule 23(b)(3) of approximately 150,000 plaintiffs advancing claims under RICO and alleging that they were victims of an illegal pyramid scheme. A majority of the panel agreed that common questions of law and fact do not predominate over individualized inquiries of causation and knowledge and, therefore, class certification was inappropriate.

U.S. Chamber amicus brief filed 2/3/2014. Appeal granted 3/6/2014. U.S. Chamber amicus brief on appeal filed 7/25/2014.

Argued 2/3/2015. Decided 10/16/2015.

Petition for rehearing en banc granted 3/12/2016. Argued 5/2016.

U.S. Chamber amicus brief filed 4/15/2016 in en banc proceedings.

Decided 9/30/2016.

Case Documents